CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding that the applicant failed to prove her termination violated Labor Code section 132a. The Board determined the applicant did not show she was singled out for disadvantageous treatment due to her industrial injury. Even if a prima facie case were established, the employer's business necessity defense, based on the applicant's extended absence and uncertain return to work, would have prevailed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding that the applicant failed to prove her termination violated Labor Code section 132a. The Board determined the applicant did not show she was singled out for disadvantageous treatment due to her industrial injury. Even if a prima facie case were established, the employer's business necessity defense, based on the applicant's extended absence and uncertain return to work, would have prevailed.
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