St. Cyr v. Workers' Compensation Appeals Board

Petitioner Denise St. Cyr seeks review of an order of the workers’ compensation Appeals Board (Board) which affirmed a decision of the workers’ compensation judge. The judge had dismissed a petition for penalty for discrimination filed within one year of the effective date of petitioner’s termination as not timely filed. We conclude that the Board erred as a matter of law in finding petitioner’s claim, filed within one year of the effective date of her termination, to be barred by the one-year statute of limitations of Labor Code section 132a.

Petitioner, employed in the shipping department of respondent Computerland Corporation, insured by respondent Zenith Insurance Company, sustained injuries to her lower back on April 12, 1983, when she was struck by a heavy wooden pallet. Petitioner received medical care and while she remained temporarily disabled she received a letter from her employer. The letter dated March 6, 1984, advised petitioner that due to “our increasing work volume and staffing limitations placed upon us and as you know, your continued absenteeism, it is no longer possible to maintain you on the active employment rolls of the Shipping Department. Your…