Work-related injuries that have the sole effect of permanently impairing employees' ability to engage in sex or beget children rarely cause any loss of earning capacity. Therefore, permanent disability compensation benefits are not awarded. In addition, workers are precluded from maintaining tort suits because the compensation acts provide the exclusive remedy. This Note, with special emphasis on California law, examines the treatment of sexual impairment injuries under workers' compensation laws and analyzes approaches taken by various states. The author discusses possible changes that would ameliorate the harshness of the current scheme and advocates the providing of an additional tort remedy for such injuries.
The Treatment of Sexual Impairment Injuries under Worker's Compensation Laws,
30 Hastings L.J. 1207
Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss4/9