Elmer Tarver — ADJ606784, ADJ4106251

Applicant Elmer Tarver sought reconsideration of a Joint Findings and Order finding that defendant Albertsons (self-insured, administered by Sedgwick CMS) did not violate Labor Code section 132a. Tarver alleged that defendant discriminated against him by medically restricting him from obtaining a 'spotter' position because of his industrial injury. The WCJ found no evidence that other employees with the same or more severe restrictions were allowed to work as spotters, and credited defendant's witness regarding the demanding duties of the spotter position. The WCAB, applying the Lauher standard, affirmed the F&O, holding that applicant failed to establish a prima facie case of discrimination because he could not show he was subjected to disadvantages not visited on other employees or that defendant deviated from its usual procedures. The petition for reconsideration was denied and the F&O affirmed.