Labor Code

Labor Code

Taking Time Off for Medical Appointments

Labor Code

Department of Rehabilitation/State of California v WCAB (Lauher) (2003) 30 Cal 4th 1281, 70 P.3d 1076, 135 Cal Rptr2d 665, 68 CCC 831. The Supreme Court in Lauher held that the applicant did not demonstrate discrimination Under Labor Code Section 132a when a defendant used applicant’s sick leave and vacation time when the applicant, who had become permanent and stationary, returned to work following the industrial injury, took off work to attend medical appointments for that injury.

Claim Form

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Labor Code Section 5401. (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402 which injury results in lost time beyond the employee’s work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in case of death to his or her dependents.

Permanent Disability: Presumption of Total Disability

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Labor Code Section 4662 Any of the following permanent disabilities shall be conclusively presumed to be total in character:
a Loss of both eyes or the sight thereof;
b Loss of both hands or the use thereof;
c An injury resulting in a practically total paralysis;
d An injury to the brain resulting in incurable mental incapacity or insanity.
In all other cases, permanent total disability shall be determined in accordance with the fact.

Labor Code Section 4605

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Privately retained doctor’s reports and opinions are admissable in disability hearings but cannot be the sole basis for an award of compensation. In other words, the WCAB can consider these non MPN doctors opinions but cannot award compensation solely on their opinion. These opinions can be considered by MPN physicians or by QME doctors who have evaluated the applicant and who concur.