Home/Case Law/CARL JOHNSON vs. STOCKTON OPEN AIR MALL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

CARL JOHNSON vs. STOCKTON OPEN AIR MALL, STATE COMPENSATION INSURANCE FUND

Filed: Mar 28, 2013
San Francisco
ADJ3855576 (STK 0210109)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Carl Johnson's claim against Stockton Open Air Mall. The applicant alleged wrongful termination in violation of Labor Code §132a, but the WCJ found the employer terminated him for legitimate, unrelated reasons, including attendance issues and conflicts. The WCJ's credibility findings were given great weight, and the applicant failed to meet his burden of proof that the termination was due to his work injury. Therefore, the petition for reconsideration was denied, as the applicant had already had his opportunity to present evidence at trial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Carl Johnson's claim against Stockton Open Air Mall. The applicant alleged wrongful termination in violation of Labor Code §132a, but the WCJ found the employer terminated him for legitimate, unrelated reasons, including attendance issues and conflicts. The WCJ's credibility findings were given great weight, and the applicant failed to meet his burden of proof that the termination was due to his work injury. Therefore, the petition for reconsideration was denied, as the applicant had already had his opportunity to present evidence at trial.

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CARL JOHNSON vs. STOCKTON OPEN AIR MALL, STATE COMPENSATION INSURANCE FUND (2013) – San Francisco | CompFox