Legal Question in Workers Comp in California

I do not know but about 25 years ago while working for the City of Oakland I had a case before then Judge George Mason where an Oakland police officer was initially off work because of an ulcer, and then sued [I believe as an S&W claim] the City for not allowing him to work overtime hours even though the medical reports said he should avoid stress. We argued if we let him work overtime then we would be intentionally injurying him. Somehow, Mason ruled against the City. The officer's attorney probably would have been Tom Bowen [Carroll burdick?], Harold Greene in Encino, or maybe Linda Brown [S.F. firm Yale Jones, Brown, etc.]. No one cited any case law.

It is enough to allege. However, I would look to the health and safety codes before I pled a S&W action so as to include in the pleading. Contact me directly.

Whether or not to file a S&W would be contingent on the nature and extent of the injury, and all the associated facts. Eg, If my client had a L-5 fracture and was restricted from lifting anything over 1 lb, but his employer insisted that he lifts a bag of sand, which then caused paralysis, yep, you can be certain that I would take a very close look at a S&W.

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