Ella Mezhiburskaya vs. Sunny Medical Transportation, Inc., Also Known As Universal Medical Transportation, Inc., Illegally Uninsured

In this case, Ella Mezhiburskaya, an employee of Sunny Medical Transportation, Inc., also known as Universal Medical Transportation, Inc., filed a claim for workers' compensation alleging cumulative trauma and specific industrial injuries to numerous body parts. The workers' compensation administrative law judge found that the applicant did not incur any injuries, but that the employer discriminated against her in violation of Labor Code section 132a(1) by bringing a retaliatory civil complaint against her. The Workers' Compensation Appeals Board affirmed the decision, except that the finding regarding the violation of section 132a was modified to only find a violation of section 132a subdivision (1).

Sunny Medical Transportation, Inc., Also Known As Universal Medical Transportation, Inc., Illegally Uninsured Ella Mezhiburskaya WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELLA MEZHIBURSKAYA, Applicant,vs.SUNNY MEDICAL TRANSPORTATION, INC., Also Known As UNIVERSAL MEDICAL TRANSPORTATION, INC., Illegally Uninsured, Defendants.Case Nos. ADJ2114868 (LAO 0878203) ADJ3881314 (LAO 0878204)ADJ4493553 (LAO 0861544)OPINION AND ORDER DENYING DEFENDANT’S PETITION FOR RECONSIDERATION, GRANTING APPM CANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and defendant each petitioned for reconsideration of the June 7, 2010 Joint Findings, Award and Order of the workers’ compensation administrative law judge (WCJ), who found that applicant did not incur cumulative trauma or specific industrial injuries to numerous body parts while employed by defendant as a manager, but that the employer discriminated against applicant “within the meaning of Labor Code secs. 132a (I) and (3) by bringing a retaliatory civil complaint against her…”1 Based upon these findings, the WCJ ordered that applicant take nothing on her three claims of industrial injury, but that defendant was liable pursuant to section 4555 for 1 Further statutory references are to the Labor Code. Section 132a subdivisions (I) and (3) provide as follows: “(1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000). together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and

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