Alejandro Llort — ADJ10448584

Applicant Alejandro Llort, an HVAC technician who injured his low back on December 30, 2014, filed a Labor Code section 132a petition alleging unlawful discrimination after his employer failed to return him to work following his medical release without restrictions in October 2015. The WCJ found no violation of section 132a, and applicant sought reconsideration arguing he was singled out for disadvantageous treatment. The WCAB, applying Lauher and related authority, found applicant established a prima facie case based on close temporal proximity between his medical release and effective discharge (approximately twenty-five days). However, the Board concluded defendant rebutted the prima facie case by showing its actions were necessitated by the realities of doing business—specifically, that applicant was its only HVAC-certified employee and the company had no HVAC work after January 2015. The Board affirmed the Findings of Fact, finding no violation of section 132a.