California Court of Appeal
Gelson's Markets, Inc. v. Workers' Comp. Appeals Bd., B209336
Workers' Compensation Appeals Board's decision and award finding the employer liable for discrimination against an industrially injured employee because the employer did not accept a physician's release to allow the employee to return to work is annulled as the employee did not establish a prima facie showing of employer's liability for discrimination in violation of Labor Code section 132a, and as such, the burden did not shift to the employer to establish an affirmative defense.
Appellate Information
- Decided 11/13/2009
- Published 11/13/2009
Judges
- KITCHING, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Paul, Hastings, Janofsky & Walker, Paul W. Crane, Jr., Los Angeles, Molly A. Harcos; Law Offices of Daniel P. Goggins and Daniel P. Goggins, for Petitioner., William H. Herreras, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Paul Fowler.
- For Appellees:
- Goldschmid, Silver & Spindel and Lawrence Silver, Los Angeles, for Respondent Paul Fowler., No appearance for Respondent Workers' Compensation Appeals Board.