WCPanelIQ
PanelRemanded

Cervantes, Rigoberto

RIGOBERTO CERVANTES, Applicant vs. TOYOTA MOTORS NORTH AMERICA; TOKIO MARINE INSURANCE, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ17050134
Decision date
Aug 25, 2025
District office
Marina del Rey
WCJ
—
Claim administrator
Sedgwick CMS (administering for Tokio Marine Insurance)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §132a

Summary

Applicant Rigoberto Cervantes petitioned for reconsideration of a February 14, 2025 Findings and Order in which the WCJ found that applicant failed to prove defendant violated Labor Code section 132a and ordered applicant take nothing on his Petition for Increased Benefits for Discrimination. The Board granted reconsideration to study the issues. Following a commissioners' settlement conference set at the Board's request, the parties settled the Labor Code 132a issues by compromise and release filed August 18, 2025. To expedite review and approval of the compromise and release, the Board rescinded the February 14, 2025 Findings and Order and remanded the matter to the WCJ. The Board emphasized its decision was not a ruling on the merits of the reconsideration petition.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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