Fernando Cac Chub — ADJ21050654, ADJ21050683

Applicant, a warehouse worker, sustained an industrial injury on 6/2/25 to his lumbar spine, left hip, left thigh, and left knee, and was released to modified duty the next day. He was terminated on 6/3/25 because his work visa expired, rendering him legally ineligible to work. The WCJ found defendant failed to prove it made a bona fide offer of modified work or that modified work was actually available, and awarded temporary disability benefits from 6/3/25 onward at $590.66/week. The WCAB denied reconsideration, holding that even where an employer is legally precluded from extending an offer (due to the employee's lack of a work permit), the employer must still prove via the 'hypothetical offer' analysis that modified work was actually available and would have been offered. Defendant's evidence—an HR manager's equivocal testimony and a vague email—was insufficient to establish actual availability of suitable modified work.