Discrimination NOT Allowed in Determining Permanent Disability Awards
Friday, May 28, 2010
Lois Vaira, one of Melissa Brown’s workers’ compensation clients, broke her back in 2003. She then discovered she had osteoporosis, but it was found that her back injury was work-related. However, the Workers’ Compensation Appeals Board (WCAB) awarded her much less permanent disability because of her osteoporosis.
Melissa Brown successfully argued before the Court of Appeal that such treatment was age discrimination, because osteoporosis occurs more frequently in older people. Thus, it was inappropriate to consider the osteoporosis in determining Ms. Vaira’s permanent disability award.
Please paste this link into your browser for the story in the Sacramento Business Journal from March 14, 2008.
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