CompFox AI Summary
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award for unlawful discrimination. The employer argued the applicant was laid off due to business slowdown and failed to mitigate wages, but the Board upheld the finding of pretext and discrimination. The Board also confirmed that medical-legal expenses are considered employee compensation and are subject to the one-half increase for discrimination under Labor Code section 132a. Therefore, the employer is liable for the increased compensation including the PQME's medical-legal costs.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award for unlawful discrimination. The employer argued the applicant was laid off due to business slowdown and failed to mitigate wages, but the Board upheld the finding of pretext and discrimination. The Board also confirmed that medical-legal expenses are considered employee compensation and are subject to the one-half increase for discrimination under Labor Code section 132a. Therefore, the employer is liable for the increased compensation including the PQME's medical-legal costs.
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