Home/Case Law/FRANCISCO REYNOSO vs. LUSAMERICA FOODS, BERKSHIRE HATHAWAY HOMESTATE COMPANY
Regular DecisionReconsideration

FRANCISCO REYNOSO vs. LUSAMERICA FOODS, BERKSHIRE HATHAWAY HOMESTATE COMPANY

Filed: Mar 30, 2018
San Jose
ADJ10610485

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend the award, changing the start date of temporary disability benefits. Originally awarded from August 25, 2016, the Board revised this to February 16, 2017, as this was the first date medical evidence indicated work restrictions. The Board found insufficient proof that the applicant was terminated for cause, which would have barred benefits, due to contradictory employer testimony and the absence of key witnesses. However, the Board affirmed the original award regarding the continuation of temporary disability benefits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend the award, changing the start date of temporary disability benefits. Originally awarded from August 25, 2016, the Board revised this to February 16, 2017, as this was the first date medical evidence indicated work restrictions. The Board found insufficient proof that the applicant was terminated for cause, which would have barred benefits, due to contradictory employer testimony and the absence of key witnesses. However, the Board affirmed the original award regarding the continuation of temporary disability benefits.

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FRANCISCO REYNOSO vs. LUSAMERICA FOODS, BERKSHIRE HATHAWAY HOMESTATE COMPANY (2018) – San Jose | CompFox