WCPanelIQ
PanelRemanded

Blong Xiong — ADJ11221407

BLONG XIONG, Applicant vs. FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION; CYPRESS INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ11221407
Decision date
Aug 17, 2026
District office
Fresno District Office
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §132a

Summary

Applicant Blong Xiong, a bus driver, was terminated by employer FCEOC despite holding a valid DOT medical certification. The WCJ found FCEOC violated Labor Code section 132a and awarded $10,000 plus lost wages, finding applicant's work restrictions would not preclude him from performing work per the employer's job description. FCEOC petitioned for reconsideration; after the Board granted reconsideration, the parties entered voluntary mediation and reached a proposed Compromise and Release settlement. The Board rescinded the October 10, 2025 Findings and Award and returned the matter to the WCJ to consider the C&R, expressly stating this was not a ruling on the merits.

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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