Wcab

Crown Appliance (Crown) petitions for a writ of review to determine the lawfulness of the decision of the Workers’ Compensation Appeals Board (WCAB) concluding that Crown discriminated against its employee Morton Wong for filing a workers’ compensation claim. (Lab. Code, § 5950; Cal. Rules of Court, rule 57.) Crown believes the WCAB’s decision is unreasonable and unsupported by substantial evidence even though Crown’s owner expressed her belief that Wong was faking a disability and treated him badly before dismissing him.

We recognize that it is unusual to publish a denial of a petition for writ of review of a WCAB decision. Under the circumstances, we have decided to do so for two reasons. First, there is little case law interpreting section 132a prohibiting an employer from discriminating against an employee for exercising his or her rights under the workers’ compensation laws.

Second, Crown is apparently unaware of an appellate court’s well-settled role in reviewing the WCAB’s factual determinations. (§ 5953; LeVesque v. Workmen’s Comp. App. Bd. (1970) 1 Cal.Sd 627, 635-637 [ 83 Cal.Rptr. 208 , 463 P.2d 432 ].) Obviously, Crown has an absolute right to seek relief…