What the panel ordered
The Appeals Board denied defendant's Petition for Reconsideration and upheld the WCJ's Findings and Award for continuing temporary disability benefits and attorney's fees.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on March 2, 2021, which found applicant entitled to continuing temporary disability benefits. The WCJ's Report and Recommendation on Petition for Reconsideration recommended denial of reconsideration.
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.
Defendant failed to prove applicant was terminated for good cause or that modified duty was offered consistent with work restrictions, so applicant remains entitled to temporary disability benefits.
From the decision · page 6The Appeals Board has accordingly previously found that an employer is not liable for temporary disability if the injured employee could have continued to work modified duty but for the employee's termination for cause. (See Butterball Turkey Co. v. Workers' Comp. Appeals Bd. (Esquivel) (1999) 65 Cal.Comp.Cases 61 (writ den.).) Defendant must show that an injured employee's termination while performing modified duty was for good cause. (See Manpower Temporary Services v. Workers' Comp. Appeals Bd. (Rodriguez) (2006) 71 Cal.Comp.Cases 1614 (writ den.).) Pursuant to established case law, defendant holds the burden of proof to show that an employee was terminated for good cause. (See Huston, supra; Butterball, supra; see also Lab. Code, § 5705 [the party with the affirmative of the issue holds the burden of proof].)