ADJ2114868

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

In this case, Ella Mezhiburskaya, an employee of Sunny Medical Transportation, Inc., also known as Universal Medical Transportation, Inc., filed a claim for workers’ compensation alleging cumulative trauma and specific industrial injuries to numerous body parts. The workers’ compensation administrative law judge found that the applicant did not incur any injuries, but that the employer discriminated against her in violation of Labor Code section 132a(1) by bringing a retaliatory civil complaint against her. The Workers’ Compensation Appeals Board affirmed the decision, except that the finding regarding the violation of section 132a was modified to only find a violation of section 132a subdivision (1).