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| Case Name | Gelson's Markets, Inc. v. WCAB (Fowler) | |
|---|---|---|
| Date | 11/13/2009 | |
| Note | The appropriate standard for determining discrimination against a industrially-injured worker is that set out by the Supreme Court in Rehabilitation v. Workers' Comp. Appeals Bd. (2003) 30 Cal.4th 1281 (Lauher). | |
| Citation | B209336 | |
| WCC Citation | WCC 35782009 CA |
In making this determination, the WCAB did not apply the standard established by the California Supreme Court in Department of Rehabilitation v. Workers' Comp. The WCAB award finding Gelson's liable for discrimination pursuant to section 132a must therefore be annulled. The WCAB granted reconsideration to address the period of lost wages, and issued a decision on June 2, 2008. The WCAB amended the award to provide for reimbursement of lost wages for July 20, 2005, through January 6, 2007. Therefore the WCAB award in favor of Fowler and his attorneys and against Gelson's should be annulled.
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