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Man Claims Bias In Workers' Comp. Benefits Loss

POSTED: 4:37 pm PST March 3, 2008
UPDATED: 6:50 pm PST March 3, 2008

An El Cajon man claims he lost half of his workers' compensation benefits because of his race.

The vagueness of the language in Gov. Arnold Schwarzenegger's workers' compensation reform package allows medical examiners to use race, age and sex when determining how much a company has to pay out in a workers' compensation claim.

Milton Jones' lifeline is a breathing machine.

"I stop breathing on average about 67 times a night," said Jones.

Jones was injured while on the job. As a cook for Costco Wholesale in La Mesa, he cleaned large ovens with an industrial grease remover.

"… and I was trained to let the ovens cool from like 530 degrees or more down to about 300. I'd use a whole bottle for the night; there's steam getting in my eyes and my face. I would inhale it," said Jones.

Jones said he started suffering from asthma, sleep apnea and hypertension.

While he sought workers' compensation, a medical examiner cut his payments in half.

Jones was told that because he was African-American, he had a genetic predisposition to high blood pressure or hypertension.

"I didn't put my life on the line in the Middle East to come ... have African-Americans be awarded half of any white man would basically be awarded," said Jones.

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.

Medical bills and loss of benefits has made Jones homeless.

He said he would do everything in his power to stop this from happening to anyone else.

"This shouldn't happen to anybody else, and if I can help it I'll make sure it doesn't. I don't care what it takes," said Jones.

A judge awarded Jones $17,000 for the permanent disabilities caused by his injuries.

A bill banning race, gender and age discrimination for workers' compensation cases go on to the U.S. Senate in the next month or two.


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