Andersen v. WCAB, 2007 WL 1153010 (Cal. Ct. App. 2007)

John Andersen, an employee of the City of Santa Barbara, sustained industrial injuries as a result of which he filed a workers’ compensation claim. When the City required Andersen to use his accrued vacation benefits rather than sick leave to obtain medical care for these injuries, he alleged discrimination in violation of Labor Code § 132a. (The City permitted employees with non-industrial injuries to use sick leave instead of vacation benefits to attend medical appointments such as those to which Andersen went.) The Court of Appeal annulled the decision of the WCAB and held the City had discriminated against Andersen in violation of Labor Code § 132a. Cf. McKinnon v. Otis Elevator Co., 2007 WL 1138854 (Cal. Ct. App. 2007) (employee’s claim against third-party tortfeasor is not barred by settlement of employer’s subrogation claim against third party).