Soheir Rizk — ADJ12719177, ADJ12725623, ADJ12729866

Soheir Rizk, appearing in pro per, filed a Labor Code section 132a discrimination petition against LAUSD (permissibly self-insured, administered by Sedgwick) alleging that her placement on the 39-month re-employment list effective May 24, 2021, after her paid leave benefits were exhausted, was discriminatory. The WCJ found LAUSD did not violate section 132a, holding the placement was mandated by Education Code section 45192 once accrued paid leave benefits were exhausted and was supported by the codified business-necessity defense recognized in Romero. The WCJ also found applicant was not a credible witness and rejected her attempt to introduce new evidence (Exhibits 28 and 29) as procedurally improper and non-material. The Appeals Board adopted and incorporated the WCJ's Report and Opinion on Decision and denied reconsideration, giving great weight to the WCJ's credibility determinations. The Board also addressed the timeliness of its action under the version of section 5909 in effect from July 2, 2024 through June 30, 2026.