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

In this case, Ella Mezhiburskaya was employed by Sunny Medical Transportation, Inc., also known as Universal Medical Transportation, Inc., who was illegally uninsured. Mezhiburskaya claimed to have incurred cumulative trauma or specific industrial injuries to numerous body parts while employed by the defendant, but the Workers' Compensation Administrative Law Judge determined that she did not. However, the WCJ did find that the employer discriminated against her within the meaning of Labor Code sections 132a (1) and (3) by bringing a retaliatory civil complaint against her. The WCJ ordered that Mezhiburskaya take nothing on her three claims of industrial injury, but concluded that the defendant was liable pursuant to section 4555 for her costs and

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 ORDERS DENYING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Defendant seeks reconsideration of the May 18, 2011 Joint Findings And Award On Supplemental Issues of the workers’ compensation administrative law judge (WCJ), who found that applicant’s attorney “reasonably and credibly devoted a total of 97.89 hours to date to the prosecution of the Labor Code section 132a claim herein,” and awarded attorney’s fees in the amount of $29,175.2.1            Earlier, on June 7, 2010, the WCJ determined 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 (1) and (3) by bringing a retaliatory civil complaint against her…” Based upon those findings, the WCJ ordered that applicant take nothing on her three claims of industrial injury, but concluded that defendant was liable pursuant to section 4555 for applicant’s costs and attorney’s fees incurred in connection with the section 132a discrimination claim.2 1            Further statutory references are to the Labor Code.2            Section 4555 provides in full: “In case of failure by an employer to secure the payment of compensation, the appeals award a reasonable attorney’s fee in addition to the amount of compensation recoverable. When a fee is awarded under this section no further fee shall be allowed under Section 4903 but the provisions of Section 4903 shall be applicable to secur

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