WCPanelIQ
PanelDenied

Martha Castro — ADJ12525278

MARTHA CASTRO, Applicant vs. WALMART; ACE AMERICAN INSURANCE COMPANY, adjusted by SEDGWICK, Defendants

ADJ number
ADJ12525278
Decision date
Nov 20, 2022
District office
Sacramento
WCJ
—
Claim administrator
Sedgwick
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back, left knee

LC §4650LC §4651LC §4652LC §4653LC §4654LC §4655LC §4656LC §4657LC §5705CCR §10330CCR §10787

Summary

The WCAB denied defendant's petition for reconsideration of a WCJ's finding that applicant Martha Castro's termination from Walmart was not in good faith. Applicant had sustained an accepted injury to her back and left knee on July 7, 2018, and was terminated on August 11, 2019, following an incident with a customer on June 26, 2019. The Board found that defendant failed to meet its burden of proving good cause for termination, as the employer's witness had no firsthand knowledge of the termination, no company policy was entered into evidence, and there was no substantial evidence of applicant's alleged prior misconduct. The Board affirmed the WCJ's credibility determination favoring applicant's testimony and rejected defendant's argument that the good cause issue was premature before establishing temporary disability entitlement.

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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