CompFox AI Summary
This case concerns John Tomkies' claim that the City of Los Angeles violated Labor Code section 132a by refusing to place him on an eligible-for-rehire list due to absences from his prior employment caused by an industrial injury. The Appeals Board denied the City's petition for reconsideration, affirming the WCJ's finding of discrimination. The Board found it had subject matter jurisdiction, as the discriminatory act stemmed from the employment relationship, even though Tomkies had resigned. The Board distinguished this case from precedent where the claimant had no continuing ties or rights arising from their prior employment.
Full Decision Text1 Pages
This case concerns John Tomkies' claim that the City of Los Angeles violated Labor Code section 132a by refusing to place him on an eligible-for-rehire list due to absences from his prior employment caused by an industrial injury. The Appeals Board denied the City's petition for reconsideration, affirming the WCJ's finding of discrimination. The Board found it had subject matter jurisdiction, as the discriminatory act stemmed from the employment relationship, even though Tomkies had resigned. The Board distinguished this case from precedent where the claimant had no continuing ties or rights arising from their prior employment.
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