Michael Garcia — ADJ10738865, ADJ13719149

Michael Garcia, a lineman for Southern California Edison from 1983 to 2014, filed a Labor Code section 132a discrimination claim following his termination. After an initial finding of no violation, applicant sought reconsideration, which the Board granted, rescinding the finding and ordering the WCJ to develop the record on the prima facie discrimination claim and defendant's business necessities defense. The WCJ instead re-decided the matter without new evidence and found a 132a violation, prompting defendant's reconsideration based on its desire to present witness Carol Wood. The WCJ then vacated the submission and set the matter for trial to allow Ms. Wood's testimony, and applicant sought removal arguing section 5502(d)(3) barred the undisclosed witness. The Board denied removal, finding the Minute Order simply complied (belatedly) with its own prior order to develop the record, causing no prejudice or irreparable harm.