Hopper, Tarriel

Tarriel Hopper, an LAPD police officer, sustained an industrial psychiatric injury during 2004-2008 and was awarded 17% permanent disability by stipulation. After a Board of Rights hearing, he was terminated on July 14, 2009, and filed a Labor Code section 132a discrimination petition. The WCJ ultimately found that applicant established a prima facie 132a claim, that defendant lacked a legitimate business reason, and that defendant discriminated against him. Defendant sought reconsideration, arguing applicant failed to make a prima facie case (claiming it was unaware of the workers' compensation claim until August 27, 2008) and, alternatively, that it had a business necessity defense. The Board denied reconsideration, finding applicant made known his intent to file a claim on or about February 3, 2008, that defendant initiated discipline and deviated from its usual injury-investigation procedures, and that the stated termination reasons were not reasonable.