GREGORY FISHER, M.D.; REPUBLIC INDEMNITY INSURANCE COMPANY, HASSAN CHITSAZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHASSAN CHITSAZ, Applicant,vs.GREGORY FISHER, M.D.; REPUBLIC INDEMNITY INSURANCE COMPANY, Defendants.Case No. ADJ3116486 (ANA 0345038)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of July 29, 2009, wherein the WCJ found that defendant violated Labor Code § 132a by unlawfully discriminating against applicant. Previously in this matter, by way of a Compromise and Release Agreement (“C&R”) approved by the WCJ on May 17, 2004, in exchange for $125,000, applicant settled his claims that, while employed as an administrative assistant on March 2, 2000, he sustained industrial injury to his lower extremity, spine, and internal organs. At trial, defendant stipulated that applicant had sustained industrial injury to his bilateral lower extremities. Defendant contends that the WCJ erred in finding discrimination under section 132a, arguing (1) that the C&R had already resolved the applicant’s Labor Code § 132a claim, (2) that the applicant’s Labor Code § 132a claim was barred by the statute of limitations, (3) that applicant does not have a colorable Labor Code § 132a claim because applicant was not an employee of the defendant’s when any alleged discriminatory acts took place, and (4) that applicant has not set forth a prima facie case of discrimination pursuant to Labor Code § 132a because there was no evidence that applicant was discriminated against “because he or she has filed or made known his or her intention to file a claim for compensation….” (Labor Code, § 132a.) We have not received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). , As explained below, we will grant reconsideration, rescind
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