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Case Name | Dept of Rehab vs. WCAB (Lauher) | |
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Date | 06/26/2003 | |
Note | No TD for time off for post P&S treatment; not discrimination if require use of sick/vacation time. | |
Citation | 30 Cal. 4th 1281 | |
WCC Citation | WCC 29402003 CA |
William A. Herreras and Susan Silberman for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Ronald Lauher. The WCJ denied a petition for reconsideration, as did the Workers' Compensation Appeals Board (WCAB or the Board). The WCJ thereafter denied a petition for reconsideration; the WCAB, over one dissent, affirmed. The Court of Appeal disagreed with the WCAB, finding Lauher had not met his burden of presenting a prima facie case of discrimination under section 132a. In this way, society supports the program as a[n] integral element of commerce and industry, rather than through tax-supported plans. "
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