A non published case ruling that there was no 132 (a) violation and the decision was res judicata
- Posted By: Harvey Brown
- October 1, 2014
This is a non-published case of the Court of Appeal
This is a very significant case for workers’ compensation principles.
The applicant had an admitted injury. The applicant was on temporary disability and then returned to work. The applicant then went off work again. The employer disputed whether this was industrial. The applicant returned to work and was suspended from work pending an investigation as to her absence.
The applicant was eventually terminated and filed a claim for discrimination under Labor Code section 132(a).
There was a Compromise and Release. The applicant went to trial on the 132(a) claim and the Workers’ Compensation Judge (WCJ) found in the applicant’s favor and ordered the defendant to reinstate the applicant.
The employer filed a petition for reconsideration and the WCJ reversed his prior ruling. The applicant filed for reconsideration but the Workers’ Compensation Appeals Board (WCAB) agreed with the WCJ and denied the petition. The applicant did not file for review with the Court of Appeal within 45 days.
The applicant made a request for reinstatement when she had already been terminated. Therefore, no employment relationship existed.
They discuss the Lauher case and the reason she did not file timely for writ. They indicate that just because the applicant was unrepresented they cannot violate jurisdictional rules and the case was res judicata. Therefore, there was no 132(a) claim.
Case: Allen v. WCAB