France, Jeanette

Jeanette France, an occupational health nurse for the self-insured Los Angeles Department of Water & Power, sustained an industrial injury to her low back and left shoulder on January 9, 2017. After she returned to modified duties and informed her employer she had retained counsel, defendant terminated her employment on February 1, 2017. The WCJ initially found no Labor Code section 132a violation, concluding applicant was an 'Emergency Hire' not entitled to progressive discipline and was terminated for legitimate poor performance predating the injury. On reconsideration, the WCAB rescinded the F&O, finding applicant established a prima facie case of discrimination through close temporal proximity and that defendant failed to provide substantial evidence of a legitimate, non-discriminatory business reason for termination. The Board found defendant violated section 132a and awarded increased compensation, reinstatement, and reimbursement of lost wages.