CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding that the applicant was terminated for insubordination, not for her industrial injury. While the applicant was "written up" for late reporting of her injury, this action alone, without a material adverse employment action, does not constitute a violation of Labor Code §132a. Therefore, the prior finding of unlawful discrimination under §132a was overturned.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding that the applicant was terminated for insubordination, not for her industrial injury. While the applicant was "written up" for late reporting of her injury, this action alone, without a material adverse employment action, does not constitute a violation of Labor Code §132a. Therefore, the prior finding of unlawful discrimination under §132a was overturned.
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