Home/Case Law/TIMETHY HURT vs. CITY OF LINDSAY, A.I.M.S. INC.
Regular DecisionReconsideration

TIMETHY HURT vs. CITY OF LINDSAY, A.I.M.S. INC.

Filed: Jul 22, 2014
ADJ3309906 (FRE 0246859)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's decision that the City of Lindsay did not violate Labor Code section 132a by terminating his employment. The applicant was terminated for engaging in workplace violence, specifically a fight where he admitted to using a metal pipe. Evidence indicated the termination was based on this violent conduct, which violated city personnel rules, and not for filing a workers' compensation claim, as the claim was filed after his termination. The Board concluded the applicant failed to establish a prima facie case of discrimination under section 132a.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's decision that the City of Lindsay did not violate Labor Code section 132a by terminating his employment. The applicant was terminated for engaging in workplace violence, specifically a fight where he admitted to using a metal pipe. Evidence indicated the termination was based on this violent conduct, which violated city personnel rules, and not for filing a workers' compensation claim, as the claim was filed after his termination. The Board concluded the applicant failed to establish a prima facie case of discrimination under section 132a.

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.