Should an injured workers' race, age and sex be a factor in how much that person receives in workers' compensation benefits? It is in California, vague language in the Gov. Arnold's Schwarzenneger's workers' comp reform package allows medical examiners to consider those factors when determining how much a company has to pay out for a claim.Milton Jones, who was injured while working as a cook at a Costco store in California, says his benefits were reduced by half because he is black. Jones developed asthma, sleep apnea and hypertension as a result of his job. Jones told a newspaper that he was told that because he is black, he has a genetic predisposition to high blood pressure or hypertension.
According to experts, Jones' case is not unique. Lorena Gonzalez of the San Diego-Imperial County Labor Council said medical examiners are also using gender and age as factors to cut back on benefits. "With no real background -- or personal background -- for example, if you are a woman you are going to be more likely to suffer depression and it's going to be less likely a product of your job," said Gonzalez.
