Court of California. Various parries
submitted amicus curiae briefs and
oral arguments to the court.
Rehabilitation v.
WCAB (Lauher)
workers' compensation benefits. The
applicant settled the case by way of
Stipulation with Request for Award.
The applicant stipulated to a period of
temporary disability which had ended.
The applicant stipulated to a
permanent disability of 23 per cent.
The applicant also stipulated to the
need for future medical treatment.
permanent and stationary, the
applicant is no longer entitled to
receive temporary disability. The
obligation to pay temporary disability
ends when the applicant returns to
work, is deemed able to return to
work, or is permanent and stationary.
Therefore, the applicant is not entitled
to temporary disability to compensate
for wage loss while attending medical
appointments.
was not singled out for
disadvantageous treatment due to the
industrial injury. Therefore, there was
no violation of Labor Code section
132 (a).
returning to work the applicant sought
medical treatment that was awarded in
the stipulation. The applicant sought
this treatment during normal business
hours because that was the only time
the doctor was available. The employer
made the applicant use either sick or
vacation time as opposed to paying
temporary disability for the time the
applicant missed from work while
attending these appointments.
disability leave or temporary disability
instead of using sick or vacation time.
The employer refused and the issue
came before a Workers' Compensation
Judge( WCJ). The applicant also
alleged this was discrimination under
Labor Code section 132 (a).
entitled to temporary disability and that
there was a violation of Labor Code
section 132 (a). The Workers'
Compensation Appeals Board affirmed.
The Court of Appeal reversed.
The Supreme Court stated that once
Valenzuela, Brown
Editor: Harvey Brown
Address: 18500 Von Karman # 470
Irvine, CA 92621
Phone. 949 252-1300
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