CompFox AI Summary
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, affirming the finding that the applicant was terminated in violation of Labor Code section 132a due to his workers' compensation claim. The employer failed to prove business necessity for the termination, as their stated reasons were inconsistent and unsupported by evidence, and the applicant was singled out due to workers' compensation concerns. However, the Board deferred the issues of reinstatement and reimbursement for lost wages and benefits pending further medical evidence on the applicant's ability to return to work.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, affirming the finding that the applicant was terminated in violation of Labor Code section 132a due to his workers' compensation claim. The employer failed to prove business necessity for the termination, as their stated reasons were inconsistent and unsupported by evidence, and the applicant was singled out due to workers' compensation concerns. However, the Board deferred the issues of reinstatement and reimbursement for lost wages and benefits pending further medical evidence on the applicant's ability to return to work.
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