TIMOTHY HURT vs. CITY OF LINDSAY Permissibly Self-insured A.I.M.S. INC

In this case, Timothy Hurt was employed by the City of Lindsay and was terminated after he was involved in a fight with another worker. Hurt filed a petition for benefits for increased award under Labor Code section 132a, alleging his employer unlawfully terminated him for filing a workers' compensation claim. The Workers' Compensation Appeals Board denied the petition, finding that Hurt had not made a prima facie showing that he was terminated because of his workers' compensation claim, but rather because of his involvement in a fight at work in violation of workplace rules.

CITY OF LINDSAY permissibly self-insured A.I.M.S. INC TIMOTHY HURT WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY HURT, Applicant,vs.CITY OF LINDSAY, permissibly self-insured;A.I.M.S. INC., Defendants.Case No. ADJ3309906 (FRE 0246859)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Applicant seeks reconsideration of the May 1, 2014 Findings of Facts and Order issued by a workers’ compensation administrative law judge (WCJ) wherein the WCJ found the defendant did not violate Labor Code section 132a when it terminated applicant’s employment. Applicant contends that it was error for the WCJ to find that the employer did not violate Labor Code section 132a when he was “clearly not the aggressor” and was acting in self-defense during a workplace fight for which he was terminated, and that the termination “resulted in discrimination” against him.            Defendant filed an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending we deny the Petition for Reconsideration as untimely and on the merits.            We have considered the allegations of the Petition for Reconsideration, the Answer, and the contents of the Report. Based on our review of the record, and for the reasons stated below, we deny applicant’s Petition for Reconsideration.BACKGROUND            Applicant, while employed on September 28, 2007 by defendant, sustained injury arising out of and in the course of employment to his bilateral knees and claimed injury to his neck, back, and shoulder.            The injury occurred during a brawl between applicant and another worker, Vincent Torre, who was employed by a different employer. The altercation arose out of a dispute over applicant using and , getting paint on Torre’s screwdriver the day before. Applicant claimed Torre attacked him, and he was fighting to defend himself.            The police arrived on the scene and took statements from witnesses, applicant, and Torre,

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