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Lisa Fowler vs. Automobile Club Of Southern California; Liberty Mutual

Automobile Club Of Southern California; Liberty Mutual Lisa Fowler WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA FOWLER, Applicant,vs.AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA; LIBERTY MUTUAL, Defendants.Case No. ADJ4639392OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant. Automobile Club of Southern California (AAA), seeks ¡«consideration of the ^ Findings and Award, issued June 22, 2010, in which a workers’ compensation administrative law judge (WCJ) found defendant violated Labor Code section 132a by terminating applicant Lisa Fowler’s employment as of May 28. 2003, for her failure to return to work.            Defendant contests the WCJ’s determination, contending applicant failed to establish a prima facie case of discrimination where the employer followed a uniformly applied attendance policy and terminated applicant’s employment when she failed to report for work after she was released by her treating physician. Defendant argues that there is no evidence in the record to establish applicant was treated differently than similarly situated non-industrially injured employees. As of the date of this opinion, no answer to defendant’s petition for reconsideration has been received from applicant.            Following our review of the record, and for the reasons set forth below, we shall grant reconsideration to reverse the finding that defendant’s termination of applicant’s employment violated Labor Code section 132a.Background            Pursuant to a stipulated award issued January 3, 2005, applicant sustained an industrial , cumulative trauma injury to her spine and bilateral upper extremities over the period May 11,1999through May 10, 2000, while employed as a dispatcher for AAA. As a result of her industrial injury, applicant sustained an eight month period of temporary disability ending June 25, 2001, and 4% permanent disability, and need for further medical treatment.            On August 14, 2003


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