CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding Labor Code section 4850 benefits but granted the defendant's petition regarding the Labor Code section 132a discrimination claim. The Board affirmed the administrative law judge's decision to set aside the Compromise and Release agreement. However, it reversed the finding of a Labor Code section 132a violation, holding the employer's mandatory psychological fitness exam was a lawful requirement for peace officers, not discriminatory based on the industrial nature of the injury. Consequently, the $10,000 award for discrimination and associated attorney's fees were vacated.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding Labor Code section 4850 benefits but granted the defendant's petition regarding the Labor Code section 132a discrimination claim. The Board affirmed the administrative law judge's decision to set aside the Compromise and Release agreement. However, it reversed the finding of a Labor Code section 132a violation, holding the employer's mandatory psychological fitness exam was a lawful requirement for peace officers, not discriminatory based on the industrial nature of the injury. Consequently, the $10,000 award for discrimination and associated attorney's fees were vacated.
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