WCPanelIQ
PanelDenied

Yoa, Kiegan

KIEGAN YOA, Applicant vs. VILLAGRANA LOGISTICS, INC.; OLD REPUBLIC INSURANCE COMPANY, administered by SEDGWICK, Defendants

ADJ number
ADJ16845605
Decision date
Sep 18, 2023
District office
Oxnard
WCJ
Sandra Rosenfeld
Claim administrator
Sedgwick (administering for Old Republic Insurance Company)
Commissioners
—

Injury / body parts: right knee

LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §5903LC §5507LC §5906CCR §10945CCR §10843

Summary

Applicant Kiegan Yoa, a delivery associate, sustained an admitted specific injury to his right knee on August 30, 2022, and was placed on modified duty at Lutheran Social Services (LSS). After being terminated on January 10, 2023, allegedly for repeated company policy violations (29 timekeeping/'time theft' infractions), the WCJ found applicant entitled to temporary total disability (TTD) benefits because defendant failed to prove the termination was for good cause. Defendant petitioned for reconsideration, arguing the evidence overwhelmingly showed policy violations and requesting remand to develop the record. The WCAB denied reconsideration, adopting the WCJ's report, deferring to the WCJ's credibility determinations, and noting that defendant failed to introduce evidence of the specific violations and failed to cite the record with specificity as required by Rule 10945. The Board concluded defendant did not meet its burden of proving termination for cause under Butterball Turkey Co. v. WCAB (Esquivel).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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