CompFox AI Summary
The Workers' Compensation Appeals Board denied Expert Trucking's petition for reconsideration, affirming the original award. The applicant, Fabricio Martinez, successfully proved his employer terminated him in violation of Labor Code section 132a. The applicant's testimony, which was undisputed, indicated he was told he could not have his job back because he hired an attorney for his workers' compensation claim. The Board found that the applicant did not need to prove his ability to perform the job, entitlement to accommodation, or mitigation of losses to establish a prima facie section 132a claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Expert Trucking's petition for reconsideration, affirming the original award. The applicant, Fabricio Martinez, successfully proved his employer terminated him in violation of Labor Code section 132a. The applicant's testimony, which was undisputed, indicated he was told he could not have his job back because he hired an attorney for his workers' compensation claim. The Board found that the applicant did not need to prove his ability to perform the job, entitlement to accommodation, or mitigation of losses to establish a prima facie section 132a claim.
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