Xiong, Blong

Applicant Blong Xiong, a bus driver for Fresno County EOC, suffered an industrial spine injury in February 2018 when an intoxicated driver crashed into his transit vehicle; the parties settled for 16% PD. After applicant filed a section 132a discrimination petition alleging the employer wrongfully refused his DOT medical certification and terminated him, the WCJ found a section 132a violation and awarded $10,000 plus lost wages. Defendant sought reconsideration, arguing the WCJ failed to address inaccurate statements on applicant's medical certification forms and applicant's failure to engage in the employer's interactive process. The Appeals Board granted reconsideration, finding the record was not adequately developed regarding whether applicant was treated differently than co-workers as required by Lauher, and deferred a final decision pending further review of the merits.