Davis, Gloria

Gloria Davis, a patient care technician for permissibly self-insured Kaiser Foundation Hospital (administered by Sedgwick), filed a Labor Code section 132a claim alleging she was wrongfully terminated on or about June 3, 2019 because of her industrial injuries of January 20, 2016 and March 17, 2018. The WCJ found applicant failed to establish a prima facie case of discrimination or to prove an actual violation by a preponderance of the evidence, finding instead that Kaiser terminated her for repeatedly accessing the medical chart of a patient no longer in her care in violation of HIPAA/PHI policies, on top of a documented history of progressive discipline. Applicant, in pro per, sought reconsideration alleging fraud through altered evidence and WCJ bias. The Appeals Board denied reconsideration, according great weight to the WCJ's credibility determinations under Garza and finding no evidence of considerable substantiality contradicting the WCJ's findings. The Board also held that applicant's new allegations regarding tampered evidence and excluded audio recordings were waived because they were not raised before trial.