PAYLESS SHOE SOURCE, INC., MELANIE MEDBERY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELANIE MEDBERY, Applicant,vs.PAYLESS SHOE SOURCE, INC., Defendant(s).Case Nos. ADJ3566620 (SBR 0331934)ADJ3758235 (SBR 0336076)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the March 24, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a manager on August 28, 2005, sustained industrial injury to her right knee and right lower extremity. The WCJ found that defendant terminated applicant on or about September 21, 2005, in violation of Labor Code section 132a. Defendant contends the WCJ erred in finding a violation of Labor Code section 132a, arguing that there has been no discrimination or differential treatment and that applicant was terminated for violating defendant’s attendance policy by failing to report to work as scheduled, when defendant agreed to provide modified duties. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of Judge on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny defendant’s petition for reconsideration. In support of the WCJ’s finding of pretext in defendant’s termination of applicant, we find particularly compelling the language of the attendance policy, which defendant claims applicant violated: “If you are absent from work for two consecutive days without adequate notice to your , Supervisor, you shall be considered as having terminated your employment with Payless ShoeSource.” (Defendant’s Exhibit D, Associate Handbook, 6.13.) Even if it could be established that applicant was info
