TD & Termination for Cause (California)

This category is meant for discussion of technical legal issues in workers' compensation. If you are an injured worker, do not ask questions here. Go to the Injured Workers' forum.

TD & Termination for Cause (California)

Postby cloudunc on Wed Oct 28, 2009 8:14 am

I have a PQME report which finds Applicant not P&S. Report provides for modified duty. Applicant was terminated for cause. Employer would have met the job restrictions and provided modified duty if the Applicant had not been terminated for cause. Is the Applicant entitled to TD benefits? If not, is there case law to support this contention. I have searched and cannot find case law regarding this issue.
cloudunc
 
Posts: 8
Joined: Tue Mar 31, 2009 12:49 pm

Re: TD & Termination for Cause (California)

Postby jpod on Fri Oct 30, 2009 8:29 am

Stew may be able to provide you the cite, I can not recall it. My recollection is the seminal case on this issue came out sometime around the 1930-40s era. If you have access to Lexis or some other site search under Odd Lot Doctrine.
jpod
 
Posts: 772
Joined: Fri Mar 06, 2009 1:21 pm

Re: TD & Termination for Cause (California)

Postby jakelast@aol.com on Fri Oct 30, 2009 1:53 pm

There are actually several cases that hold no TTD is due in such circumstance the most recent on I could find was Drews v WCAB, 69 Cal. Comp. Cas 799 (WD). That case cites the Butterball Turkey v WCAB, (1999) 65 Cal. Comp. Cas 61. While Drews is a writ denied case, the appellate court did include a brief comment noting that applicant did not lose any wages due to the injury so the WCAB was correct in denying TDD and cited the Supreme Court ruling in the Lauher case.
Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain & Claffey
User avatar
jakelast@aol.com
 
Posts: 89
Joined: Sun Mar 08, 2009 2:12 pm

Re: TD & Termination for Cause (California)

Postby cloudunc on Sat Oct 31, 2009 7:06 pm

Thank you so much.
cloudunc
 
Posts: 8
Joined: Tue Mar 31, 2009 12:49 pm

Re: TD & Termination for Cause (California)

Postby vampireinthenight on Mon Nov 02, 2009 9:51 am

Still waiting for a court of appeal to decide one of these. Prepare for resistance from the WCJ. They are not too favorable to defendants on this issue.
User avatar
vampireinthenight
 
Posts: 1128
Joined: Wed Mar 11, 2009 7:53 am

Re: TD & Termination for Cause (California)

Postby jakelast@aol.com on Mon Nov 02, 2009 10:44 pm

That has not been my experience however it is very important the termination for cause be based on a solid case. Termination based on a whim or incorrect considerations or inaccurate information is not going to carry the day.
Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain & Claffey
User avatar
jakelast@aol.com
 
Posts: 89
Joined: Sun Mar 08, 2009 2:12 pm


Return to Legal

Who is online

Users browsing this forum: No registered users and 7 guests