Dyer

workers who are injured in the course of employment. (See Judson Steel Corp. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 658 [ 150 Cal.Rptr. 250 , 586 P.2d 564 ].) In proceedings before the Workers’ Compensation Appeals Board (WCAB), the respondent Franchise Tax Board was found to have discriminated against petitioner Rosetha Dyer because of a work injury within the meaning of Labor Code section 132a. The Franchise Tax Board was ordered to pay an increased compensation award and to reinstate Dyer to the probationary position she held at the time of her injury. On writ of review, Dyer contends that she should have been reinstated in a permanent rather than probationary capacity and that she is entitled to an award of lost wages and benefits. We reject these contentions and shall affirm the award of the WCAB.

Factual and Procedural Background

Dyer was employed by the State of California as an intermittent key data operator, which meant that she would work full-time for part of the year. Dyer testified that she began working for the State of California as an intermittent employee at the Department of Motor Vehicles in 1978. She worked in 1979 and 1980 and again in 1984…