LOS ANGELES, CA, July 14, 2016 —Injured female workers receive unfairly low permanent disability benefits because of systematic gender bias in the California workers’ compensation system, according to a lawsuit filed in here earlier this month in Superior Court.

Several women who suffered work injuries joined with the Service Employees International Union (SEIU) of California in suing the California Department of Industrial Relations (DIR), the Division of Workers’ Compensation, the state Secretary of Labor, and various boards and officials, seeking class action certification.  They allege that permanent disability payments in the California workers’ compensation system are often reduced because an injury or condition is linked to a gender-based “risk factor,” such as menopause, and that illnesses such as breast cancer that are mostly associated with women are deemed less disabling than those that affect men, which can result in a denial of compensation.

The California Workers Compensation Institute has released a paper that appears to rebut many of the arguments put forth in the suit and includes pertinent statutory and case law references on the issue.  That paper is reprinted HERE with permission.

State officials were quick to criticize the attorneys who filed the action.  “Rather than responding to our invitation and presenting concrete evidence to demonstrate the existence of systemic gender discrimination, the plaintiffs instead filed a lawsuit containing sweeping allegations that are misleading and superficial,” according to Christine Baker, state DIR director, in a statement published last week.

The issue of gender discrimination in calculation of comp benefits has also been the subject of legislative activity.  A bill approved last year by the Legislature (AB 305) was vetoed by Governor Jerry Brown.  To read his veto statement, see below.  A similar bill (AB 1643) is now being considered by the Legislature and is also very likely to be approved, lobbyists say. For a current version of that bill.