Home/Case Law/GARY BYRNES vs. KAR INVESTMENT, INC., dba RIGOLI, FIRE EXTINGUISHER; SIMPLEX, GRINNELL, dba RIGOLI FIRE, EXTINGUISHER; KURT REXIUS
Regular DecisionReconsideration

GARY BYRNES vs. KAR INVESTMENT, INC., dba RIGOLI, FIRE EXTINGUISHER; SIMPLEX, GRINNELL, dba RIGOLI FIRE, EXTINGUISHER; KURT REXIUS

Filed: Aug 25, 2010
San Francisco
ADJ137248

CompFox AI Summary

The applicant, Gary Byrnes, sought reconsideration of a decision denying his claim for workers' compensation discrimination under Labor Code section 132a. The administrative law judge found that while Byrnes sustained an industrial back injury, he failed to prove discrimination related to a denied $1,000 reimbursement. The Board denied reconsideration, agreeing that Byrnes failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his industrial injury. The Board found no evidence that the denial of the reimbursement was causally linked to the industrial injury or that other employees were treated differently.

Full Decision Text1 Pages

The applicant, Gary Byrnes, sought reconsideration of a decision denying his claim for workers' compensation discrimination under Labor Code section 132a. The administrative law judge found that while Byrnes sustained an industrial back injury, he failed to prove discrimination related to a denied $1,000 reimbursement. The Board denied reconsideration, agreeing that Byrnes failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his industrial injury. The Board found no evidence that the denial of the reimbursement was causally linked to the industrial injury or that other employees were treated differently.

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