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Employer Liability Under Labor Code Section 132A: The Pendulum Starts to Reverse

MSK Client Alert
August 2003

When a California employee is injured on the job, the employer’s Workers’ Compensation insurer normally defends the employer. However, in addition to bringing medical benefit and temporary and permanent disability claims, an employee can also seek additional remedies under Labor Code section 132a (“Section 132a”) for alleged “discrimination” by the employer because of the injury or resulting absence from work. Unlike the medical and disability contentions, Section 132a claims usually are not defended by the employer’s insurer, requiring the employer to engage its own legal counsel.

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