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Case Name | Save Mart STores vs. WCAB (Gwin) | |
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Date | 02/14/1992 | |
Note | One is not a qualified injured worker merely because of an inability to coexist with other workers or supervisors, so long as an equivalent position is available at the same place of employment. | |
Citation | 3 CA4th 720 | |
WCC Citation | WCC 30281992 CA |
SAVE MART STORES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and JULIE GWIN, Respondents. However, Save Mart contends that the decision of the Board that Gwin was therefore a qualified injured worker is not supported by substantial [3 Cal. App. 4th 724] evidence. Save Mart argues that there was no medical evidence presented to establish that Gwin was incapable of returning to work as an administrative assistant at Save Mart, so long as she was not under the supervision of Jerry Sauer. Save Mart alleges that other positions were available for Gwin within the company. In the order, it was noted that no response to the request had been received from the employer (Save Mart).
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