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California WCABPanel decision

ADJ16845605 · September 19, 2023

Petition for Reconsideration is denied.

Issues decided: 1
Medical opinions weighed: 0
Authorities named: 1
District office: Oxnard

What the panel ordered

Petition for Reconsideration is denied.

Petitioner filed a timely Petition for Reconsideration after the WCJ issued Findings of Fact and Award and Opinion on Decision on June 27, 2023.

Read the official decision →

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Temporary disabilityApplicant prevailedright knee

The WCJ and WCAB found that defendant did not establish good cause for termination despite allegations of multiple company policy violations, and thus applicant was entitled to temporary disability benefits.

From the decision · page 4II. FACTS: The claim herein involves an admitted specific injury that took place on August 30, 2022, to the applicant's right knee, while he worked as a delivery associate for defendant, Villagrana Logistics. Minutes of Hearing and Summary of Evidence, May 3, 2023, page 2, lines 6-9. The matter proceeded to trial on whether the applicant was entitled to TTD, after being terminated while working modified duties. Id. at page 2, lines 20-23. The parties stipulated that the applicant was working modified duties at the time of his termination on January 10, 2023. Id. at page 2, lines 17- 18. The applicant testified on his own behalf, in court, and Ms.

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ADJ16845605 — California WCAB decision · SimilarCase

Applicant was working modified duties at the time of termination on January 10, 2023.

Favours Applicant prevailed

Establishes eligibility for temporary disability benefits during modified duty period.

From the decision · page 4II. FACTS: The claim herein involves an admitted specific injury that took place on August 30, 2022, to the applicant's right knee, while he worked as a delivery associate for defendant, Villagrana Logistics. Minutes of Hearing and Summary of Evidence, May 3, 2023, page 2, lines 6-9. The matter proceeded to trial on whether the applicant was entitled to TTD, after being terminated while working modified duties. Id. at page 2, lines 20-23. The parties stipulated that the applicant was working modified duties at the time of his termination on January 10, 2023. Id. at page 2, lines 17- 18. The applicant testified on his own behalf, in court, and Ms.

Defendant did not establish good cause for termination despite alleging multiple company policy violations.

Favours Applicant prevailed

Supports applicant's entitlement to temporary disability benefits.

From the decision · page 8III. DISCUSSION: 1. THE EVIDENCE SUBMITTED AT TRIAL BY DEFENDANT DID NOT ESTABLISH GOOD CAUSE FOR APPLICANT'S TERMINATION: Petitioner refers to the case of Butterball Turkey Co. v. WCAB (Esquivel) (1999) 65 CCC 61, as support that they are not liable for TTD benefits. Specifically, petitioner notes that the court in the case "held that if an employer is accommodating an applicant's work restrictions, but then the applicant is terminated for good cause, wholly unrelated to his workers' compensation injuries, then no temporary disability benefits will be owed by the workers' compensation carrier." Petition for Reconsideration, page 4, lines 4-8, and page 6, lines 20-23. Petitioner argues that the applicant had been "reprimanded numerous times, beginning in December of 2022, that he was stealing company hours and had to comply with company policy in order to not be terminated." Id. at page 5, lines 22-24. Further, that the applicant had "continued to violate company policy multiple times despite warnings from Villagrana Logistics to comply, and the applicant's absence from work on January 5, 2023 and January 6, 2023 were just two of many, multiple instances of company violation." Id.