Home/Case Law/Kevin Martinez vs. JOHN JACKSON MASONRY, STATE COMPENSATION INSURANCE FUND, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

Kevin Martinez vs. JOHN JACKSON MASONRY, STATE COMPENSATION INSURANCE FUND, ZENITH INSURANCE COMPANY

Filed: May 04, 2009
Sacramento
ADJ3047961 (SAC 0362761) ADJ2039708 (SAC 0362762)

CompFox AI Summary

This case concerns whether an employer violated Labor Code section 132a by terminating an employee who sustained industrial injuries. The Appeals Board reversed the WCJ's finding of discrimination, determining the employer acted based on business necessity due to the employee's inability to perform modified duties and the company's financial hardship. The employer argued the termination was a business decision and not based on the employee's injury. A dissenting commissioner believed the termination, without medical substantiation of permanent disability, constituted unlawful discrimination.

Full Decision Text1 Pages

This case concerns whether an employer violated Labor Code section 132a by terminating an employee who sustained industrial injuries. The Appeals Board reversed the WCJ's finding of discrimination, determining the employer acted based on business necessity due to the employee's inability to perform modified duties and the company's financial hardship. The employer argued the termination was a business decision and not based on the employee's injury. A dissenting commissioner believed the termination, without medical substantiation of permanent disability, constituted unlawful discrimination.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.