Gerardo Quiroz Marmolejo — ADJ9729654, ADJ9730146

Applicant Gerardo Quiroz Marmolejo sought reconsideration of a WCJ's December 3, 2020 finding that defendant did not discriminate against him in violation of Labor Code section 132a. A prior WCJ (Munoz) had previously found that applicant reported his specific injury on November 1, 2014 and cumulative injury on November 12, 2014, was terminated by defendant on November 13, 2014, and that the post-termination defense did not apply—findings that became final because defendant never sought reconsideration. The Board held that those determinations were the law of the case, and that applicant established a prima facie section 132a claim based on the close temporal proximity between his injury reports and his termination, plus defendant's denial of both claims on the false ground that injuries were reported post-termination. The Board rescinded the Findings of Fact, substituted a finding that applicant established his prima facie case, deferred the business necessity and pretext issues, and returned the matter to the trial level for further proceedings.