Home/Case Law/F. GAITAN vs. K&S FARMS, COMP WEST INSURANCE
Regular DecisionReconsideration

F. GAITAN vs. K&S FARMS, COMP WEST INSURANCE

Filed: Mar 02, 2009
San Francisco
ADJ4265919

CompFox AI Summary

This case involves an applicant who sustained an industrial injury and was subsequently terminated by his employer, K&S Farms, while on temporary disability. The applicant filed a claim alleging discrimination under Labor Code section 132a, arguing the termination was a penalty for his injury. The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinded the prior award, and found no violation of section 132a. The Board determined the applicant failed to establish a prima facie case that his termination was "because of" his industrial injury, as required by law.

Full Decision Text1 Pages

This case involves an applicant who sustained an industrial injury and was subsequently terminated by his employer, K&S Farms, while on temporary disability. The applicant filed a claim alleging discrimination under Labor Code section 132a, arguing the termination was a penalty for his injury. The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinded the prior award, and found no violation of section 132a. The Board determined the applicant failed to establish a prima facie case that his termination was "because of" his industrial injury, as required by law.

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