GELSON'S MARKETS v. WORKERS' COMP. APPEALS BD.

No. B209336.

179 Cal.App.4th 201 (2009)

GELSON'S MARKETS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PAUL FOWLER, Respondents.

Court of Appeals of California, Second District, Division Three.

November 13, 2009.


Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, Paul W. Crane, Jr., Molly A. Harcos; Law Offices of Daniel P. Goggins and Daniel P. Goggins for Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Goldschmid, Silver & Spindel and Lawrence Silver for Respondent Paul Fowler.

William A. Herreras for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Paul Fowler.


OPINION

KITCHING, J.

INTRODUCTION

Labor Code section 132a1 penalizes an employer who discriminates "in any manner" against an employee who has filed a workers' compensation claim or received a rating, award, or settlement. An employer, Gelson's Markets (Gelson's), petitions this court pursuant to section 5950 seeking annulment of a Workers' Compensation Appeals Board (WCAB) decision and award which...

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