How Relying too Much on Workers Comp "100% Disabled" Determination gets Employers in Trouble

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One of the mistakes that employers make in the context of disability laws is relying on the determination of their workers compensation administrators too much. One such very common mistake is assuming that just because an employee was determined to be 100% disabled by the workers compensation carrier, he/she is no longer able to work and is not entitled to any accommodations.

In the recenet decision of Couiellette v. City of Los Angeles (2011), the Second Appellate District noted that workers compensation and the disability discrimination protection under FEHA (Fair Employment and Housing Act) require separate inquiries. For FEHA, the question is not whether the Plaintiff is disabled, but whether Plaintiff's medical restrictions prevented him from performing the eseential functions of hte position that he held or that he desired to fill.  Deferring to the workers comp administrator and the workers comp medical evaluations when determining an employee's right to a reasonable accommodations, especially when that employee specifically requested to be considered for a modified duty is not an appropriate approach.

Thus, the Couiellette court made it clear that sending an employee home and not allowing her to work on light duty because she was determined to be 100% disabled by the workers comp carrier, when she was already working on a light duty, was likely in violation of her disability rights. Workers comp carrier is simply is not the right body to determine whether an employee can or should be accommodated and remain part of the company's workforce. 

Comments

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