Mt. San Jacinto College District Susan Lemerande WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN LEMERANDE, Applicant,vs.MT. SAN JACINTO COLLEGE DISTRICT, Defendant.Case No. ADJ203268 (RIV 0073757)OPINION AND DECISION AFTER RECONSIDERATION On March 13, 2012 the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the December 22, 2011 Findings and Award to further study the factual and legal issues. This is our Decision After Reconsideration. In the December 22, 2011 Findings and Award, the workers’ compensation administrative law judge (WCJ) found that Mount San Jacinto Community College District discriminated against applicant in violation of Labor Code section 132a. The WCJ also found that defendant failed to meet its burden of proof on the statute of limitations defense.1 Defendant contends that the WCJ erred in finding that it discriminated against applicant in violation of Labor Code section 132a, arguing that applicant was not an employee at the time of the alleged discriminatory act, the WCJ exceeded his authority by allowing additional evidence on the merits of the 132a claim, and that applicant did not first file a claim with her employer as required by the California Government Claims Act. Defendant also contends that there is substantial evidence that applicant’s claim is barred by the statute of limitations. 1 Previously, the WCJ found that defendant violated Labor Code section 132a (October 20, 2008 Findings, Award, and Order), defendant sought reconsideration, and we denied reconsideration. Defendant filed a Petition for Writ of Review. The Court of Appeal, Fourth District, Division Two granted defendant’s petition and remanded the matter to the Appeals Board for further proceedings to determine the statute of limitations defense on its merits. In an August 17, 2009 Decision After Remittitur, we returned the case to the trial level for further proceedings consistent with the Ord
Menu
