Sheila Marie Williams Jones — ADJ7940126, ADJ1631546, ADJ2486552, ADJ2750208, ADJ288311, ADJ9589729

Applicant Sheila Marie Williams Jones, a dispatcher for permissibly self-insured AC Transit, was terminated for 'Failure to Call Every 30 Days' after going on leave for a claimed industrial back/neck injury. The WCJ initially found no Labor Code 132a violation, but the WCAB rescinded that finding in a May 20, 2020 decision and substituted findings that the termination violated section 132a, deferring penalty and reinstatement issues. Defendant sought reconsideration arguing applicant failed to establish a prima facie 132a claim and that it had a business necessity defense. The Board rejected each of defendant's arguments, finding defendant was subjectively aware of the claim, deviated from its usual procedures for industrially injured employees, and lacked a legitimate business reason for termination. The Board affirmed its prior decision finding a section 132a violation.