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| Case Name | Cantrell v. WCAB (Wal-Mart Stores) | |
|---|---|---|
| Date | 07/16/2009 | |
| Note | [Unpublished] The WCAB did not make a finding whether a drug testing policy itself discriminated against employee for sustaining an industrial injury and if so, whether employer demonstrated that its conduct was necessary and directly linked to the realities of doing business. Under 132a, the WCAB was required to make this inquiry. | |
| Citation | F057606 | |
| WCC Citation | WCC 35452009 CA |
(§ 5908. 5) BACKGROUND Shortly before midnight on November 24, 2004, 30-year-old Cantrell injured his right knee while working as a stocker for Wal-Mart in Turlock. Cantrell was taken by ambulance to the local hospital, treated for the injury, and released in the early morning hours on Thanksgiving Day. In November 2005, Cantrell filed two petitions with the WCAB for increased compensation for discriminating against him under section 132a. One petition alleged Wal-Mart representatives "wrongfully assigned Mr. Cantrell to take a post-accident drug test after Mr. Cantrell had claimed a work injury. "Cantrell petitioned the WCAB for reconsideration, claiming the WCJ "failed to appropriately address the legal issues . . . " presented in his discrimination petitions.
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