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Case No. ADJ5631403 ADJ8129890 ADJ9031437 ADJ7129072 ADJ8214161

Regular

Aug 12, 2019

VALERIE SPENCER vs. MENDON AND MENDON, INC., dba MENDON'S NURSERY

This case concerns Valerie Spencer's claim that her employer, Mendon and Mendon, Inc., violated Labor Code section 132a by terminating her employment due to her workers' compensation claim. The Appeals Board rescinded a prior finding, concluding that the employer's actions constituted discrimination under section 132a. This decision was based on the close temporal proximity between the notice of representation and termination, and the employer's failure to establish a legitimate business reason. Issues regarding penalty amounts, lost wages, and reinstatement are deferred for further proceedings.

Labor Code 132aDiscriminationRetaliationWorkers' Compensation ClaimTerminationNotice of RepresentationPrima Facie CaseBusiness Realities DefensePretextLost Wages

References

Case No. ADJ5631403 MF ADJ8129890 ADJ9031437 ADJ8214161 ADJ7129072

Regular

Oct 25, 2013

VALERIE SPENCER vs. MENDON AND MENDON, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY SEDGWICK FOR FREMONT INSURANCE, In Liquidation, CLARENDON By AMERICAN ALL RISK LOSS, STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE COMPANY

This is an order granting a defendant's petition for reconsideration in multiple workers' compensation cases filed by Valerie Spencer. The Workers' Compensation Appeals Board found reconsideration necessary due to statutory time constraints and the need for further study of the factual and legal issues. All future filings must be submitted in writing directly to the Board's Commissioners in San Francisco, not to district offices or electronically. The Board will issue a decision after reconsideration following further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationReconsideration GRANTEDCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONFREMONT INSURANCEIn LiquidationSTATE COMPENSATION INSURANCE FUNDEMPLOYERS COMPENSATION INSURANCE COMPANYVALERIE SPENCERADJ5631403 MF

References

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VALERIE SPENCER vs. MENDON AND MENDON, INC., dba MENDON'S NURSERY

Labor Code 132aDiscriminationRetaliationWorkers' Compensation ClaimTerminationNotice of RepresentationPrima Facie CaseBusiness Realities DefensePretextLost Wages

VALERIE SPENCER vs. MENDON AND MENDON, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY SEDGWICK FOR FREMONT INSURANCE, In Liquidation, CLARENDON By AMERICAN ALL RISK LOSS, STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE COMPANY