McAuliffe v. WCAB and Century Graphics
Filed 6/1/06 McAuliffe v. WCAB and Century Graphics CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
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| PAMELA McAULIFFE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CENTURY GRAPHICS, Respondents. | C050970
(WCAB No. STK172958)
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Petitioner Pamela McAuliffe sustained an industrial injury to her right hand and wrist while employed by respondent Century Graphics (Century). McAuliffe left work following her accident, later returning after being released by her physician. McAuliffe filed a petition for penalties under Labor Code section 132a, alleging Century discriminated against her by terminating her employment.[1] Following a trial, a workers' compensation judge (WCJ) found Century discriminated against McAuliffe and awarded her $10,000 under section 132a. Century sought reconsideration, which the Workers' Compensation Appeals Board (WCAB) granted. On reconsideration, the WCAB found no violation of section 132a and rescinded the WCJ's decision. McAuliffe appeals, arguing the WCAB's order granting reconsideration and decision after reconsideration fails to specify the reason for its decision, the WCAB erred in granting reconsideration, and the WCAB erred in not dismissing Century's petition for reconsideration. Century failed to file a response to McAuliffe's petition. We shall vacate the WCAB's order granting reconsideration and decision and shall dismiss Century's petition for reconsideration.FACTUAL AND PROCEDURAL BACKGROUND
McAuliffe, employed as a â€
