Home/Case Law/JUAN GAMBOA vs. HYDRO FITTING MANUFACTURING CORPORATION, MIDWEST INSURANCE COMPANIES
Regular DecisionReconsideration

JUAN GAMBOA vs. HYDRO FITTING MANUFACTURING CORPORATION, MIDWEST INSURANCE COMPANIES

Filed: Nov 05, 2012
Pomona
ADJ6994190

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that he did not prove his employer violated Labor Code section 132a. The applicant failed to demonstrate he was singled out for disadvantageous treatment due to his work-related injury. The employer presented evidence of a business slowdown and layoffs affecting both industrially and non-industrially injured employees. Therefore, the applicant did not meet his burden of proof regarding discriminatory treatment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that he did not prove his employer violated Labor Code section 132a. The applicant failed to demonstrate he was singled out for disadvantageous treatment due to his work-related injury. The employer presented evidence of a business slowdown and layoffs affecting both industrially and non-industrially injured employees. Therefore, the applicant did not meet his burden of proof regarding discriminatory treatment.

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JUAN GAMBOA vs. HYDRO FITTING MANUFACTURING CORPORATION, MIDWEST INSURANCE COMPANIES (2012) – Pomona | CompFox