Barns v. Workers' Comp. Appeals Bd

In Barns v. Workers' Comp. Appeals Bd. (1989) 216 Cal. App. 3d 524, the employee injured the middle finger of his left hand while pulling lumber off a conveyor, known as "pulling green chain." While recovering from the injury, he was placed in a lighter duty job as a "racker." After being medically released to return to normal duty, he re-injured the finger, completely snapping the tendon. While undergoing medical treatment, but before he became permanent and stationary, he heard of a job opening for a racker, and asked the employer to be considered for that position. In addition, he asked to be considered for "just about any job except pulling green chain" as that was the only position contraindicated in view of his relatively minor injury. ( Id. at p. 528.) Instead, the employer notified him that he was terminated. The court in Barns concluded that the employer discriminated against the employee by failing to give him the available light duty position when it was requested without good cause.