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Jose G. Lozoya, an employee of Air Systems Components, Inc. (ASC), suffered a work-related injury and was granted a medical leave of absence. He was subsequently terminated because his leave exceeded 180 days, a requirement of the collective bargaining agreement between ASC and the Sheet Metal Workers International Association, Local Union 49. Lozoya filed a lawsuit for retaliatory discharge against ASC, alleging his termination was due to his worker's compensation claim, in violation of Section 451.001 of the Texas Labor Code. ASC filed a motion for summary judgment, asserting that Lozoya was terminated pursuant to a uniformly applied attendance control policy. The trial court granted summary judgment in favor of ASC. On appeal, the court affirmed the summary judgment, concluding that ASC had established a non-discriminatory basis for the discharge and Lozoya failed to produce controverting evidence of a retaliatory motive.
Lozoya v. Air Systems Components, Inc. is a workers' compensation case decided in Texas Court of Appeals, 8th District (El Paso). 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 Texas Court of Appeals, 8th District (El Paso).
Full Decision Text1 Pages
Jose G. Lozoya, an employee of Air Systems Components, Inc. (ASC), suffered a work-related injury and was granted a medical leave of absence. He was subsequently terminated because his leave exceeded 180 days, a requirement of the collective bargaining agreement between ASC and the Sheet Metal Workers International Association, Local Union 49. Lozoya filed a lawsuit for retaliatory discharge against ASC, alleging his termination was due to his worker's compensation claim, in violation of Section 451.001 of the Texas Labor Code. ASC filed a motion for summary judgment, asserting that Lozoya was terminated pursuant to a uniformly applied attendance control policy. The trial court granted summary judgment in favor of ASC. On appeal, the court affirmed the summary judgment, concluding that ASC had established a non-discriminatory basis for the discharge and Lozoya failed to produce controverting evidence of a retaliatory motive.
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