Supreme Court of California
STATE OF CALIFORNIA DEP'T OF REHABILITATION v. WORKERS? COMP. APPEALS BD., S100557
When an employee who has suffered an industrial injury returns to work following a determination the injury has become permanent and stationary, the employee is not entitled to temporary disability indemnity to compensate him for time off from work while pursuing continuing medical treatment for that permanent injury. An employer does not discriminate against the injured employee within the meaning of Labor Code section 132a if it requires the employee to use sick and vacation leave when away from the workplace seeking treatment for his permanent injury.
Appellate Information
- Decided 06/26/2003
- Published 06/26/2003
Judges
- WERDEGAR, J.
Court
- Supreme Court of California
Counsel
- For Appellant:
- Richard Kriman,Robert W. Daneri and David M. Goi, San Francisco, for Petitioners., Stephen D. Underwood, Santa Maria, and Teresa C. Eggemeyer, Santa Barbara, for CSAC Excess Insurance Authority as Amicus Curiae on behalf of Petitioners., Paul, Hastings, Janofsky & Walker and Paul Grossman, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Petitioners., Jones, Day, Reavis & Pogue, Elwood Lui, Scott D. Bertzyk and John A. Vogt, Los Angeles, for Los Angeles County Metropolitan Transportation Authority as Amicus Curiae on behalf of Petitioners.
- For Appellees:
- James J. Cunningham, San Diego; Siegel & Moreno, Lisa G. McLean and Robert D. Baker, San Diego, for Respondent Ronald Lauher., William A. Herreras, Grober Beach, and Susan Silberman, Santa Ana, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Ronald Lauher., No appearance for Respondent Workers' Compensation Appeals Board.