Patricia Guillen vs. Redwood Empire Dermatology, Preferred Employers of San Diego

The Workers' Compensation Appeals Board granted reconsideration and reversed the original decision, finding the applicant failed to prove discrimination under Labor Code section 132a. The Board determined the employer made the decision to terminate the applicant for absenteeism and tardiness before learning of her industrial injury. Therefore, the applicant did not prove her termination was "because of" her injury as required by law. The applicant's claim for discrimination benefits was denied.