Van Law Food Products, Inc.; State Compensation Insurance Fund Araceli Mendez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARACELI MENDEZ, Applicant,vs.VAN LAW FOOD PRODUCTS, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. LAO 0815051; LAO 0815053OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATlON Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Amended Findings & Award of April 18, 2007, wherein, as relevant to this opinion, the WCJ found that defendant violated Labor Code § 132a by unlawfully discriminating against applicant. It was also found that, while employed as a machine operator, applicant sustained industrial injury to her left index finger on June 20, 2002 (LAO 0815053) and industrial injury to her neck and back on July 11, 2002 (LAO 0815051). The WCJ found that applicant’s left index finger injury caused permanent disability of 3%, and that applicant’s neck and back injury caused permanent disability of 13%. With regard to the Section 132a claim, the WCJ awarded the applicant “A penalty under Labor Code §132a in the amount of to fsicj be adjusted between the parties computed as one half of the total temporary disability and permanent disability indemnity benefits paid with a maximum of $10,000,00.” Defendant contends that the WCJ erred in finding discrimination under section 132a. We have not received an answer and the WCJ has filed a Recommendation and Report on Petition for Reconsideration. As explained below, we shall grant reconsideration, and amend the Amended Findings & Award of April 18, 2007 to reflect that defendant did not unlawfully discriminate under section 132a. , In his Amended Opinion on Decision, the WCI found that “applicant was fired forinsubordination, not for failing to report her injury.” (Amended Opinion on Decision at p. 2.)1Nevertheless, the WC] found a compensable section 132a violation because, des
