Cristal Zamora — ADJ14803757

Cristal Zamora, a 28-year-old machine operator, sustained admitted industrial injuries to her back and upper extremities on April 27, 2021 while working for Ghirardelli Chocolate Company. The WCJ awarded temporary disability from March 7, 2022 forward, and the defendant sought reconsideration arguing applicant's termination was for good cause (excessive attendance points) and that she was released to full duty, thus barring TD benefits. The WCJ found defendant failed to prove a good-faith termination given the suspicious timing of progressive discipline coinciding with the injury report, inconsistent attendance records, and the lack of a final written warning. The WCJ also found defendant failed to show modified duties would have remained available but for the termination, and that collateral estoppel under Taxi Systems did not bar the issue. The WCAB adopted the WCJ's report and denied reconsideration.