So, perhaps a bit more comprehensive:
Your dad would
1) have a claim for workers compensation benefits, based on the repetitive stress causing his injuries;
2) he might have a claim for discrimination based on the CA family/medical leave act and/or the CA Americans with Disabilities Act; Under the FMLA employers are required to provide employees with unpaid medical leave for serious medical conditions; the ADA would also require the employer to provide a leave of absence, as long as that leave is not indefinite -- the ADA might also require the employer to modify the job -- if such a modification can be accomplished reasonably -- this is very fact-intensive -- the reasonable accommodation question is complicated, and cannot, in most cases, be answered simply. The CA ADA also requires the employer to engage in a good faith attempt to return your dad to work.
3) he might be able to apply for disability -- either under his employer's disability plan, or under federal and state law - SDI and SSI.
4) If he is a union employee, he might want to file a grievance.
5) There might be other issues -- e.g., wages not paid properly (improperly salaried and owed overtime, not paid the proper rate, not paid overtime, etc.), vacation not paid out, lunch breaks not given -- which might apply.
Bottom line -- he should talk to an attorney. Good luck.
Alden Knisbacher
www.knisbacherlaw.com
415-522-5200
