The Impact of a WC Disability Rating on FEHA Obligations

The recent California appellate court decision, Cuiellette v. City of Los Angeles, No. B224303 (Cal. Ct. App. Apr. 22, 2011) is an important case for employers because it highlights the fact that a workers' compensation permanent disability rating (even one as high as 100%) does not mean that an employee cannot work in terms of an employer's obligations under the Fair Employment and Housing Act (FEHA)/Americans with Disabilities Act (ADA). Significantly, under the workers' compensation system, the focus is on whether the employee can perform the usual and customary duties of the "job of injury." However, pursuant to the FEHA and ADA, the focus is on what the employee can do in terms of their original job, or any other vacant, alternative position. In essence, workers compensation looks at what the employee can no longer do while FEHA/ADA analyze what the employee can still do. Therefore, employers must exercise caution when considering return to work requests from injured workers, and avoid summarily denying the request based upon the disability alleged in the workers' compensation case....