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The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.
GARY ZIMMERMAN vs. LEPRINO FOODS, INC., MATRIX ABSENCE MANAGEMENT COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.
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