In this issue..
Schermerhorn v. Los Angeles
Unified School District
Vol. XIV No.
X
October 2008
COMPENSATION
NEWS
MONTHLY REPORT
Appellate Court finds employer liable for
civil damages for not taking employee
back to work timely
This is a non
published Appellate
Court decision that
has major
implications.
T
his is a very significant
case for workers'
compensation
purposes. Even though this was
initially a workers' compensation
claim it resulted in huge civil
verdict for the applicant. I would
anticipate many more of these
claims since this applicant had a
huge recovery under FEHA.
The applicant had an admitted
injury. The employer paid
benefits. The applicant had hip
replacement surgery. The facts
become very convoluted as to the
applicant returning to work.
The applicant wanted to
return to work and had a release
to return to work. The employer
would not take the applicant
back. The employer wanted the
applicant permanent and
stationary.
The applicant filed a
complaint with The California
Department of Fair Housing and
filed in Superior Court alleging a
violation of California's Fair
Employment Housing Act
(FEHA).
The applicant prevailed in
Superior court and was awarded
$380,306. In addition the court
awarded $21,836 in costs and
$569,608 in attorney fees.
The appellate court indicated
that under section 12940,
subdivision (n) the employer
must make a reasonable
accommodation. The employee
may file a civil action based on
the employer's failure to engage
in the interactive process of
bringing the employee bad to
work.
Lesson to be learned is be
careful what you advise an
employer about taking an
employee back to work.
==================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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