WCPanelIQ
PanelGranted in Part

Hamidullah Sarwary — ADJ8246247, ADJ8258390, ADJ9024430

HAMIDULLAH SARWARY, Applicant vs. WALGREENS FAMILY OF COMPANIES; ZURICH AMERICAN INSURANCE administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ8246247, ADJ8258390, ADJ9024430
Decision date
Jul 26, 2021
District office
Oxnard
WCJ
Scott Seiden
Claim administrator
Sedgwick Claims Management Services (administering Zurich American Insurance)
Commissioners
—

Injury / body parts: neck, trunk, upper extremities, lower extremities, low back, lumbar spine

LC §132a

Summary

Applicant Hamidullah Sarwary, a Walgreens manager, sustained three industrial injuries and resolved his claims by Compromise and Release on November 25, 2015, which expressly did not require him to resign. When he returned to work in May 2016, a new manager told him he was no longer 'in the system' and instructed him to clean out his locker and desk. The WCJ found a Labor Code section 132a violation, awarding $10,000 increased compensation, $250 costs, lost wages subject to proof, and a 15% attorney fee. Defendant sought reconsideration, arguing the WCJ erroneously excluded Exhibit G (a Court of Appeal decision describing applicant's felony convictions), that applicant was medically unfit, and that he abandoned his position. The Board granted reconsideration solely to admit Exhibit G into evidence but affirmed the F&A in all other respects, finding the felony convictions insufficient to discredit applicant's consistent and credible testimony or to disprove wage loss.

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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