Joseph Charletta — ADJ12284038

Applicant Joseph Charletta, in pro per, sought reconsideration of a January 5, 2021 Findings and Award in which the WCJ found that defendant terminated him for good cause on June 5, 2019 while on modified work, that his lost wages from June 6, 2019 through February 12, 2020 resulted from his own conduct rather than his industrial injury, and that defendant did not violate Labor Code section 132a. The injury occurred April 1, 2019 to his left hand. Applicant contended he was never informed of performance deficiencies before termination and that the telephonic trial was unfair due to power outages and poor phone service. The Board found that defendant had documented and informed applicant of his deficiencies on multiple occasions (including two write-ups before his injury), and although the close temporal proximity of termination to injury established a prima facie 132a claim, defendant rebutted it by showing legitimate business reasons for termination. The Board also found the telephonic trial fair under Executive Order N-63-20 and Gao v. Chevron, as applicant participated vigorously and never objected or requested a continuance. Reconsideration was denied.