CompFox AI Summary
The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming a prior order for reinstatement and increased pension benefits for applicant Alfonso Salazar. The employer challenged the order to pay increased pension benefits directly to the applicant, arguing it violated a collective bargaining agreement. The Board found that while standard workers' compensation is not a make-whole remedy, Labor Code section 132a, designed to prevent discrimination, entitles employees to be made whole for losses from wrongful termination. The Court clarified that the employer was ordered to pay applicant damages calculated by reference to lost pension benefits, not to violate the CBA by paying pension contributions directly to the plan.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming a prior order for reinstatement and increased pension benefits for applicant Alfonso Salazar. The employer challenged the order to pay increased pension benefits directly to the applicant, arguing it violated a collective bargaining agreement. The Board found that while standard workers' compensation is not a make-whole remedy, Labor Code section 132a, designed to prevent discrimination, entitles employees to be made whole for losses from wrongful termination. The Court clarified that the employer was ordered to pay applicant damages calculated by reference to lost pension benefits, not to violate the CBA by paying pension contributions directly to the plan.
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