Jeanette France worked as an occupational health nurse for the Los Angeles Department of Water and Power (DWP), first through a staffing agency from June to September 2016, and then as a direct hire under an emergency appointment beginning September 27, 2016. Emergency appointments under the Los Angeles City Charter are temporary, capped at one year, and may be terminated at any time without cause.
France’s immediate supervisor was Bedros Okhanes, who reported to medical director Dr. Leslie Michelle Israel. On January 9, 2017, France was injured at work when a chair she was sitting in fell, causing injuries to her lower back and shoulder. The next day she reported the injury and filed a workers’ compensation claim. On February 1, 2017 — less than a month after the injury — the DWP terminated her employment. France described a sequence of events that day: she was first called to the workers’ compensation office, where she met with Okhanes and two workers’ compensation staff members who asked her to sign documents. France told them she had retained a lawyer — something she had not previously disclosed. Ten to fifteen minutes later, she was called into Dr. Israel’s office, where the DWP’s director of human resources, Deitra Barnett, told France she was fired without explanation.
The DWP maintained that France was terminated for poor job performance that predated her injury. Dr. Israel identified several concerns: France failed to check patient identification before administering vaccines, left vaccines unrefrigerated, and did not take a patient’s blood pressure before a breathing test. Okhanes, in a 2019 deposition (he passed away in 2022), confirmed that France had “problems with her assignments.” Barnett testified that as an emergency hire, no written documentation of performance deficiencies was required before termination.
France denied ever being spoken to about performance issues or receiving any discipline. She also pointed out that the DWP’s internal termination paperwork listed no reason for her discharge.
France pursued two tracks. First, she filed a civil lawsuit under the Fair Employment and Housing Act alleging disability discrimination and retaliation. In December 2019, the Los Angeles County Superior Court granted summary judgment for the DWP, finding under the burden-shifting framework of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 that France was terminated for legitimate, nondiscriminatory reasons — namely, poor performance predating her injury — and that France failed to raise a triable issue of pretext.
Second, France filed a workers’ compensation petition alleging the DWP violated Labor Code section 132a, which prohibits employers from discharging employees for filing or threatening to file a workers’ compensation claim. After a multi-day hearing, the workers’ compensation judge denied the claim, finding that France failed to prove the termination was retaliatory in light of the performance evidence, and that she produced no evidence that those involved in terminating her even knew about her statements in the workers’ compensation meeting minutes earlier.
France sought reconsideration. The Workers’ Compensation Appeals Board (WCAB) granted the petition, reversed the judge, and found the DWP had violated section 132a. The WCAB concluded the DWP failed to carry its burden of establishing good cause for termination, emphasizing the absence of written disciplinary records, the lack of a stated reason on termination paperwork, and the fact that Dr. Israel could not recall exact dates for the performance issues she observed.
The Court of Appeal granted the DWP’s petition for writ of review in the unpublished case of L.A. Department of Water & Power v. Workers’ Compensation Appeals Board Case No. E086551 (April 2026) and annulled the WCAB’s decision, directing the WCAB to reinstate the workers’ compensation judge’s original order denying France’s section 132a claim.
The court held that the WCAB’s findings were unreasonable because the Board systematically ignored relevant evidence rather than evaluating the record as a whole. Citing Bracken v. Workers’ Comp. Appeals Bd. (1989) 214 Cal.App.3d 246, 255, the court emphasized that while the WCAB has broad authority to make its own credibility determinations on reconsideration, it cannot meet the substantial evidence standard by isolating favorable evidence and ignoring contradictory facts. The court also relied on Lamb v. Workmen’s Comp. Appeals Bd. (1974) 11 Cal.3d 274, 281 and Garza v. Workmen’s Comp. App. Bd. (1970) 3 Cal.3d 312, 317 for the same principle.
Specifically, the court identified several ways the WCAB mischaracterized the record. Both Barnett and Israel testified that France was terminated for poor performance, yet the WCAB found that no witness confirmed this. The WCAB stated Barnett testified France was terminated merely because the emergency appointment ended, but Barnett actually testified the appointment was ended because of poor performance. The WCAB discredited Israel’s testimony because she could not recall specific dates for the performance issues, while ignoring the superior court’s summary judgment order — part of the record — containing Israel’s declaration placing those issues in October and November 2016, well before the injury. The WCAB faulted the absence of testimony from France’s direct supervisor Okhanes without acknowledging his 2019 deposition testimony, which was in the record and was the only testimony available given his death in 2022. Finally, the WCAB drew negative inferences from the lack of written documentation without addressing Barnett’s unrebutted explanation that emergency hires required no such documentation under the City Charter.
The court stressed that the WCAB was free to weigh evidence and make credibility determinations, but it was not free to simply ignore evidence that cut against its conclusions. Because the WCAB’s decision was not based on the entire record as required by Labor Code section 5952, the court annulled it under the standard set forth in Smith v. Workers’ Comp. Appeals Bd. (2000) 79 Cal.App.4th 530, 535 and ordered reinstatement of the original award following Redner v. Workmen’s Comp. Appeals Bd. (1971) 5 Cal.3d 83, 97.