2nd DCA: Refusal to Reinstate Worker Didn't Violate Labor Code

An employer that refused to return an injured forklift driver to his job because of ambiguous medical reports is not liable for discrimination penalties under Labor Code 132a, an appeals court ruled.Case: Gelson's Markets v. WCAB (Fowler), No. B209336, 11/13/09, published.Facts: Paul Fowler worked as a machine operator for Gelson's Supermarkets. He suffered a work-related neck injury, and his physician, Dr. Frank Badin, declared him unable to work in August 2004. A neurosurgeon eventually performed a cervical fusion on Fowler.Fowler asked if he could return to work and provided the emp...