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Case Name Dept of Rehab vs. WCAB (Lauher)
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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