CompFox AI Summary
The Workers' Compensation Appeals Board denied BART's Petition for Reconsideration, upholding the finding that BART violated Labor Code Section 132a. The Appeals Board adopted the Administrative Law Judge's report, which determined BART unlawfully placed the applicant on administrative leave due to her assertion of legal rights in her workers' compensation case, not due to legitimate business necessity or medical restrictions. Specifically, BART waited over a year after an agreed medical examiner noted the applicant's inability to climb before placing her on leave, despite no medical opinion prior to the favorable award indicating she could not perform her usual duties.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied BART's Petition for Reconsideration, upholding the finding that BART violated Labor Code Section 132a. The Appeals Board adopted the Administrative Law Judge's report, which determined BART unlawfully placed the applicant on administrative leave due to her assertion of legal rights in her workers' compensation case, not due to legitimate business necessity or medical restrictions. Specifically, BART waited over a year after an agreed medical examiner noted the applicant's inability to climb before placing her on leave, despite no medical opinion prior to the favorable award indicating she could not perform her usual duties.
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