Labor Code Section 132a Common Problems and Pitfalls
PAUL D. KARASOFF, ESQ.
San Francisco, California
Whether we represent employees, employers, insurance carriers, or third-party administrators in proceedings before the California WCAB, those of us who practice workers’ compensation law regularly encounter issues of potential discrimination under Labor Code section 132a. Whether such allegations are well founded or not, as attorneys, each of us needs to be able to identify and address 132a issues head-on. Whether they have been formally pleaded or not, applicant and defense attorneys alike need to be able to recognize 132a issues so they can act expeditiously to both protect the rights of and defend the potential liabilities of their clients, all the while keeping in mind the paramount policy considerations this statute embodies.