CompFox AI Summary
This case involves an employer, Ayers Construction Company, accused of discriminating against an employee, Steven Alfaro, for exercising his workers' compensation rights under Labor Code section 132a. The applicant alleged he was terminated shortly after requesting medical treatment, and despite a medical release, was denied reinstatement while other, less senior employees were retained. The Appeals Board affirmed the prior decision finding discrimination, determining the employer failed to provide a credible business necessity for the discharge. The employer must pay increased compensation, back wages and benefits, with adjustments for temporary disability payments received.
Full Decision Text1 Pages
This case involves an employer, Ayers Construction Company, accused of discriminating against an employee, Steven Alfaro, for exercising his workers' compensation rights under Labor Code section 132a. The applicant alleged he was terminated shortly after requesting medical treatment, and despite a medical release, was denied reinstatement while other, less senior employees were retained. The Appeals Board affirmed the prior decision finding discrimination, determining the employer failed to provide a credible business necessity for the discharge. The employer must pay increased compensation, back wages and benefits, with adjustments for temporary disability payments received.
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