Home/Case Law/CRAIG GONSALVES vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL FIRE INSURANCE COMPANY
Regular DecisionWorkers' Compensation

CRAIG GONSALVES vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL FIRE INSURANCE COMPANY

Filed: Sep 25, 2012
ADJ2971436 (OAK 0253681)

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a prior award and found no violation of Labor Code section 132a by UPS. The Board determined that the applicant failed to prove UPS discriminated against him by terminating his employment on August 20, 1999, or June 20, 2001. Furthermore, the Board found the applicant did not establish that UPS refused to allow him to return to work between June 26, 2000, and May 23, 2001, due to his industrial injury or that he received disparate treatment. The applicant did not demonstrate the availability of modified duty or that the employer's actions were not necessitated by business realities.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded a prior award and found no violation of Labor Code section 132a by UPS. The Board determined that the applicant failed to prove UPS discriminated against him by terminating his employment on August 20, 1999, or June 20, 2001. Furthermore, the Board found the applicant did not establish that UPS refused to allow him to return to work between June 26, 2000, and May 23, 2001, due to his industrial injury or that he received disparate treatment. The applicant did not demonstrate the availability of modified duty or that the employer's actions were not necessitated by business realities.

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CRAIG GONSALVES vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL FIRE INSURANCE COMPANY (2012) – | CompFox