CompFox AI Summary
This case concerns an employee who filed a workers' compensation claim, including a discrimination claim under Labor Code section 132a, and later filed for bankruptcy. The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that it lacked jurisdiction to determine the employee's standing for the 132a claim pending a bankruptcy court ruling. The WCAB asserted its exclusive jurisdiction over 132a claims, stating that the employee's failure to separately list this claim as an exempt asset in bankruptcy does not divest the WCAB of jurisdiction. The case is remanded for a decision on the merits of the 132a claim.
Full Decision Text1 Pages
This case concerns an employee who filed a workers' compensation claim, including a discrimination claim under Labor Code section 132a, and later filed for bankruptcy. The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that it lacked jurisdiction to determine the employee's standing for the 132a claim pending a bankruptcy court ruling. The WCAB asserted its exclusive jurisdiction over 132a claims, stating that the employee's failure to separately list this claim as an exempt asset in bankruptcy does not divest the WCAB of jurisdiction. The case is remanded for a decision on the merits of the 132a claim.
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