CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding temporary disability benefits. The Board found that the applicant, who had industrial injuries and was laid off due to plant closure, was entitled to temporary disability indemnity. The defendant failed to prove the applicant was terminated for cause (misconduct) or that suitable modified work was unavailable. Therefore, the applicant's diminished earning capacity was a direct result of his industrial injury and the employer's actions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding temporary disability benefits. The Board found that the applicant, who had industrial injuries and was laid off due to plant closure, was entitled to temporary disability indemnity. The defendant failed to prove the applicant was terminated for cause (misconduct) or that suitable modified work was unavailable. Therefore, the applicant's diminished earning capacity was a direct result of his industrial injury and the employer's actions.
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