Carlos Loera — ADJ7303582

Applicant Carlos Loera, an aircraft painter for permissibly self-insured Northrop Grumman, alleged his May 2009 termination and the employer's failure to accommodate his work restrictions violated Labor Code section 132a because they were triggered by his industrial injury. The WCJ found, after a six-day trial, that Loera failed to establish a prima facie case of discrimination because his termination resulted from a documented history of unexcused absenteeism predating his March 12, 2008 injury, including second and final warning notices issued in 2007. Applying Department of Rehabilitation v. WCAB (Lauher), the Board held that Loera could not show he had a legal right to retain his employment or that he was treated differently than non-injured employees. The employer had corrected its records to reclassify the industrial medical leave of absence as 'excused,' yet four separate unexcused absences remained as the basis for termination. The WCAB affirmed the July 13, 2021 Joint Findings of Fact, finding no section 132a violation.