CA: Adjudication of LC 132a Entitlement to Back Wages as Prerequisite to Determining DFEC

CA: Adjudication of LC 132a Entitlement to Back Wages as Prerequisite to Determining DFEC

Bruce Mitchell v. City and County of San Francisco, PSI

Discrimination--Labor Code § 132a--Diminished Future Earning Capacity--WCAB held that WCJ did not abuse his discretion in deferring issues regarding applicant/police cadet's loss of earnings until after resolution of his Labor Code § 132a claim, as determination under Labor Code § 132a of entitlement to back wages was relevant and inextricably related to applicant's claim of diminished future earning capacity (DFEC) resulting from 8/28/2006 industrial injury and application of Ogilvie v. City and County of San Francisco (2009) 74 Cal. Comp. Cases 1127 (Appeals Board en banc opinion), and, therefore, adjudication of Labor Code § 132a claim was a prerequisite to determining DFEC. © Copyright 2010 LexisNexis. All rights reserved.

Read the panel decision

Source: California Workers’ Compensation Appeals Board