CompFox AI Summary
This case involves an applicant alleging a violation of Labor Code section 132a for termination following a back injury. While the applicant demonstrated detriment from termination and an industrial injury, the Appeals Board overturned the finding of a 132a violation. The employer terminated the applicant due to a sincere belief he obtained temporary alternate work (TAW) under false pretenses, not solely because of his injury. Therefore, the applicant is not entitled to reinstatement or increased benefits under section 132a, though temporary disability benefits are awarded.
Full Decision Text1 Pages
This case involves an applicant alleging a violation of Labor Code section 132a for termination following a back injury. While the applicant demonstrated detriment from termination and an industrial injury, the Appeals Board overturned the finding of a 132a violation. The employer terminated the applicant due to a sincere belief he obtained temporary alternate work (TAW) under false pretenses, not solely because of his injury. Therefore, the applicant is not entitled to reinstatement or increased benefits under section 132a, though temporary disability benefits are awarded.
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