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In summary, if the issue arises regarding disputed receipt of documentation, the substance of the proof of service may be worth litigating. Precedent in the form of the Cavanaugh case gives the WCAB framework for finding in favor of the party who served the documents with an endorsed proof of service, however, there are arguments to be made that the law is not settled on this issue.

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Termination Of Employee Following Industrial Injury Results In Labor Code § 132a Sanctions

Applicant sustained injury while working at defendant dairy. In addition to his Application for workers compensation benefits, the applicant filed a Petition for Penalties under Labor Code § 132a, alleging discrimination. The employer did not appear at the trial of the Labor Code Section 132a claim.

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