Workers' Comp
7/17/2008 12:54:50 AM EST
FREE DOWNLOAD of Melissa C. Brown's Expert Commentary on Discrimination Due to Apportionment to Age and Gender-Related Conditions
Partner, Farrell, Fraulob & Brown
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This expert commentary analyzes the unpublished California Court of Appeal decision in Vaira v. Workers' Comp. App. Bd. (2007) 72
Cal.
Comp. Cas. 1586, which held that any apportionment of a workers’ compensation award to age or gender, per se, is a violation of California’s anti-discrimination law as set forth in Cal. Gov. Code § 11135. Vaira is the first Court of Appeal decision that addresses the distinction between risk factors for causation of injury and causes of permanent disability.
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