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The Court of Appeal held that the City of Santa Barbara violated Labor Code section 132a by requiring an employee injured on the job to use vacation time for medical appointments while allowing others to use sick leave. While upholding the Board's decisions on permanent disability and apportionment, the Court remanded the case for further proceedings to determine penalties and costs for the section 132a violation. The Appeals Board has now amended its prior decision to formally find a violation of Labor Code section 132a and returned the matter to the trial level for the determination of awards, fines, and costs.
Full Decision Text1 Pages
The Court of Appeal held that the City of Santa Barbara violated Labor Code section 132a by requiring an employee injured on the job to use vacation time for medical appointments while allowing others to use sick leave. While upholding the Board's decisions on permanent disability and apportionment, the Court remanded the case for further proceedings to determine penalties and costs for the section 132a violation. The Appeals Board has now amended its prior decision to formally find a violation of Labor Code section 132a and returned the matter to the trial level for the determination of awards, fines, and costs.
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