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Liability for Temporary Disability When Employee Refuses Work

Posted by:  Sure S. Log
Topics: FEHA Work restrictions Temporary Disability Modified Work Interactive Process

Temporary disability (TD) benefits serve as wage replacement during the period an injured worker is healing from an industrial injury. An employer's obligation to pay TD benefits ceases when such replacement income is no longer needed. The obligation to pay TD benefits ends when the worker returns to work, is deemed able to return to work or when the worker's condition achieves permanent and stationary status.

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WCAB's Denial of 132a Claim Does Not Bar Civil Claim Under FEHA

Posted by:  Sure S. Log
Topics: 132a res judicata Fair Employment and Housing Act FEHA collateral estoppel

Generally, workers' compensation is the exclusive remedy for injuries occurring at the workplace. A worker normally must pursue claims for work-related injuries before the Workers' Compensation Appeals Board (WCAB) rather than sue the employer in civil court. Nevertheless, certain types of intentional conduct take the employer beyond the boundaries of the compensation bargain. In City of Moorpark v. Superior Court of Ventura County (Dillon) (1998) 18 Cal.4th 1143, the California Supreme Court held that discrimination falls outside of the compensation bargain. It concluded that Labor Code 132a does not provide the exclusive remedy for discrimination based on a work-related injury.

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