ANDERSEN v. WORKERS' COMPENSATION APPEALS BOARD, CITY OF SANTA BARBARA
City may not force worker to use vacation time rather than sick leave to obtain medical care for industrial injuries if it permits employees to use sick leave to obtain treatment for nonindustrial injuries; such discrimination violates Labor Code Sec. 132a, which takes precedence over conflicting provisions of local regulation or collective bargaining agreement. Provisions of SB 899, legislation reforming the workers' compensation system, governing apportionment of industrial injuries apply to injuries suffered prior to the law's effective date of April 19, 2004, unless a final ruling was made prior to that date. Examining physician's conclusions regarding apportionment were supported by substantial evidence where physician, while admitting that assigned percentages were imprecise and based to some extent on intuition and professional judgment, stated the factual bases for his determinations based on his medical expertise as set forth in a lengthy report and deposition.
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