Legal Question in Employment Law in California
An employee of a municipality in So. Calif repeatedly injures himself on the job. Most recently, he slipped and fell on a sidewalk outside of a municipal building. No evidence of negligence or disrepair to sidewalk. Clearly the work comp claim will be honored, but can the municipality discipline the employee for repeated "acts of clumsiness"? There is good documentation of safety training on file for employee. Previous claims have been as frequent as one every 2 to 4 months. Employee has been deemed fit to do the job by physicians.
1 Answer from Attorneys
It sounds like the municipality is doing everything it needs to do. Perhaps the employee should be evaluated by a neurologist for some balance-related issues, and/or by an orthopedist for skeletal disorders.
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