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Case No. ADJ137248 (MON 0283474)

Regular

May 21, 2009

GARY BYRNES vs. KAR INVESTMENTS, INC., dba RIGOLI FIRE EXTINGUISHER, SIMPLEX GRINNELL, dba RIGOLI FIRE EXTINGUISHER, KURT REXIUS

This case involves an applicant's Labor Code section 132a discrimination claim against KAR Investments, Inc. (dba Rigoli Fire Extinguisher) and its successor, Simplex Grinnell. The WCAB rescinded a prior finding that barred the applicant from pursuing Simplex due to a statute of limitations issue. The Board ordered Kurt Rexius, the sole shareholder of KAR, joined as a necessary party defendant for full adjudication. The matter is returned to the trial level to determine if discrimination occurred and who is liable.

Workers' Compensation Appeals BoardKAR InvestmentsInc.Rigoli Fire ExtinguisherSimplex GrinnellKurt RexiusLabor Code section 132asuccessor-in-intereststatute of limitationreconsideration

References

Case No. ADJ137248

Regular

Aug 25, 2010

GARY BYRNES vs. KAR INVESTMENT, INC., dba RIGOLI, FIRE EXTINGUISHER; SIMPLEX, GRINNELL, dba RIGOLI FIRE, EXTINGUISHER; KURT REXIUS

The applicant, Gary Byrnes, sought reconsideration of a decision denying his claim for workers' compensation discrimination under Labor Code section 132a. The administrative law judge found that while Byrnes sustained an industrial back injury, he failed to prove discrimination related to a denied $1,000 reimbursement. The Board denied reconsideration, agreeing that Byrnes failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his industrial injury. The Board found no evidence that the denial of the reimbursement was causally linked to the industrial injury or that other employees were treated differently.

Labor Code section 132aindustrial injurydiscriminationprima facie casedisparate treatment$1000 insurance reimbursementburden of proofbusiness realitiesreinstatement

References

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GARY BYRNES vs. KAR INVESTMENTS, INC., dba RIGOLI FIRE EXTINGUISHER, SIMPLEX GRINNELL, dba RIGOLI FIRE EXTINGUISHER, KURT REXIUS

Workers' Compensation Appeals BoardKAR InvestmentsInc.Rigoli Fire ExtinguisherSimplex GrinnellKurt RexiusLabor Code section 132asuccessor-in-intereststatute of limitationreconsideration

GARY BYRNES vs. KAR INVESTMENT, INC., dba RIGOLI, FIRE EXTINGUISHER; SIMPLEX, GRINNELL, dba RIGOLI FIRE, EXTINGUISHER; KURT REXIUS

Labor Code section 132aindustrial injurydiscriminationprima facie casedisparate treatment$1000 insurance reimbursementburden of proofbusiness realitiesreinstatement