What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred pending further review of merits and entire record.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Discrimination under Labor Code §132aApplicant prevailedspine · neck · back
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant had a valid DOT medical certification at time of termination.
Favours Applicant prevailed
This fact supported the WCJ's finding that the employer's termination was discriminatory under Labor Code section 132a.
From the decision · page 8As set forth by the WCJ: The applicant needed to renew his DOT medical certification to drive the bus. His certification was scheduled to expire on 4/29/2019. The employer scheduled the applicant with Atlas Healthcare Medical Group to perform the medical examination for said certification on 2/8/2019. The doctor disqualified the applicant based on the permanent work restrictions in the applicant's documents. (Exhibit L, p. 29) The doctor did not complete the examination.