Roman Mota Perez — ADJ12448965

Applicant Roman Mota Perez sustained an industrial back injury on October 18, 2018 while working for SPR Op. Co., Inc. He continued on modified duty until March 14, 2020, when his employer shut down due to the COVID-19 pandemic, and he obtained replacement employment beginning September 1, 2020. The WCJ awarded temporary disability benefits, finding that the employer remained liable under the odd-lot doctrine because the inability to provide modified work—even due to a pandemic—does not relieve the employer of its obligation to pay temporary disability. Defendant petitioned for reconsideration arguing the applicant was 'terminated for cause' (the cause being the pandemic and government orders), which the WCJ rejected. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.