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1st DCA: Exclusive Remedy Did Not Bar Discrimination Claim

By Jim Sams (Senior Editor)

Monday, October 7, 2013 | 0

The California 1st District Court of Appeal on Friday upheld a $470,000 award against an employer that fired a worker while she was recovering from injuries suffered in an automobile accident, rejecting the employer's argument that workers' compensation was the plaintiff's exclusive remedy for her alleged emotional distress and psychological injury.The ruling also requires the employer to pay $431,884.25 for the plaintiff's attorney fees. The case is Pena v. Central Freight Lines, A134753, A138014, 10/04/2013.Louise Pena worked as a customer service representative at Central Fr...

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