Abraham

Abraham v. Workers' Compensation Appeals Board

Good Law
113 Cal. App. 4th 1082·6 Cal. Rptr. 3d 820
Court of Appeal of CaliforniaNovember 25, 2003G030868California3,204 words

Opinion

Opinion

Ikola, J.

In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers’ Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant’s former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction to entertain the petition.

FACTS

Appellant began her police career as one of two female officers with the city in 1987. She resigned in 1989, suffering debilitating depression and anxiety caused by the discrimination and sexual harassment of the male officers and their retaliation when she reported them to her unresponsive supervisors. She filed a claim for workers’ compensation, which the city denied by letter dated December 15, 1989, stating, in pertinent part, “Your claim is being denied because we do not have any medical information indicating that your claim is work related.” Appellant did not challenge the city’s decision that her workers’ compensation injury claim was nonindustrial.

Appellant filed a civil suit against the city, and in 1991 a jury awarded her $195,000 in…

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