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No Disability Retirement For Sheriff’s Deputy

The Second District Court of Appeal upheld a decision by the Ventura County Employees Retirement Association to deny a disability retirement award for a sheriff’s deputy. The court agreed with the association’s finding that the deputy’s disability stems from his “unreasonable refusal to undergo recommended medical treatment for his injuries.” The deputy, Alberto Mendoza, claimed … Read More »

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Disability Retirement And FEHA

The Second District Court of Appeal says an employer did not violate California’s Fair Employment and Housing Act (FEHA) by denying disability retirement for an employee who had suffered a workplace injury. The court notes that the employee was unable to perform the essential functions of the job even with reasonable accommodation. “Here we conclude … Read More »

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Disability Retirement Not A Reasonable Accommodation

The California Department of Corrections and Rehabilitation (CDCR) did not violate the state’s anti-discrimination law by refusing to file for industrial disability retirement on behalf of a permanently disabled prison guard. The Fourth District Court of Appeal rejected the notion that a disability retirement could be considered a reasonable accommodation under the Fair Employment and … Read More »

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Police Officer Gets Another Chance At Disability Retirement

The First District Court of Appeal says the San Francisco Employee’s Retirement System must reconsider its denial of a former police officer’s application for industrial disability retirement (IDR). The retirement system must consider two new medical reports as part of its review. The case pits former San Francisco police officer Justin Webster against the city’s … Read More »

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Why WCAB Rescinded A 100% Disability

An en banc decision from the Workers’ Compensation Appeals Board has rescinded an award for 100% permanent and total disability because it is based on a medical and vocational record that is “analytically incomplete.” WCAB is ordering the workers’ comp judge to conduct further proceedings to address those concerns. The decision in Grace Nunes v. … Read More »

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MPN, Disability Payment Bills On The Agenda

The Assembly Insurance Committee this morning is slated to hear two bills of interest to the workers’ comp community. One measure would change temporary disability benefits affected by a utilization review delay or denial when that decision is overturned by the Independent Medical Review (IMR) program. The other bill proposes changes to the medical provider … Read More »

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Appeals Court Renews Disability Discrimination Claim

The Second District Court of Appeal is reinstating a former Kaiser Permanente employee’s disability discrimination lawsuit and ordering the lower court to let a jury decide if the company failed to accommodate her disability and to engage in the claims interactive process. The employee’s dismissal was under consideration as part of a round of layoffs, … Read More »

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Court Blocks Offset of Firefighter’s Disability Pension

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