Oscar Scagliotti — ADJ9298865

Oscar Scagliotti prevailed on a Labor Code section 132a discrimination claim against Elmore Toyota and the matter was returned to the WCJ to determine damages. The WCJ found applicant was entitled to lost wages at his stipulated average weekly wage of $759.62 for the period June 13, 2014 through October 26, 2015, denied defendant a credit for unemployment benefits applicant never received from EDD, and ordered reinstatement to his service advisor position. Defendant sought reconsideration arguing applicant failed to mitigate damages by performing an inadequate job search and by not seeking unemployment benefits, and that applicant removed himself from the workforce due to Covid-19. The Board affirmed the F&O, finding the WCJ's credibility determination on applicant's job search was entitled to great weight, that there is no duty to seek unemployment benefits as part of mitigation, and that applicant remained entitled to reinstatement. The Board amended finding number 5 only to clarify timing—reinstatement when State and County Covid-19 guidelines indicate reopening may safely take place.