LC §132a Discrimination
Bradford & Barthel’s team of experienced attorneys have successfully defended against countless Labor Code section 132a discrimination claims, and routinely represent our clients against them. Defending against these claims feature many similarities to the good faith personnel action defense, which focuses on factors like business necessity, decisions based on factors other than the fact that the employee filed a workers’ compensation claim, ability to provide a reasonable accommodation, and more. We are well-prepared to help you defend against a LC 132a claim.
Serious and willful misconduct allegations can result in an increase benefits due to an injured worker by one half. Likewise, if the applicant has committed serious and willful misconduct, their benefits can be reduced by one half.
Serious & Willful Misconduct
The Law Offices of Bradford & Barthel are well-versed in both sides of this defense, and appreciate that it has a more stringent burden of proof than other aspects of workers’ compensation law. We have defended our clients against serious and willful misconduct allegations for decades, and are well-prepared to defend our clients against them.
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