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Hate Crimes and CA Workers Comp

By David J. Chun, Shareholder, Stander Reubens Thomas Kinsey (SRTK)
Hate crimes in California have been on the rise. A couple of years ago, more than half of such crimes were based on race, ethnicity or national origin. The next most common incidents involved sexual orientation. 
The FBI has defined hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender or gender identity.” Other definitions, including that of the Merriam-Webster dictionary, add creed as an additional category, which broadens the definition of hate crime. California Penal Code Section 422.55(a) also adds crimes committed due to a bias against a victim’s nationality or association with a person or group with one or more actual or perceived other characteristics specified above.
In reviewing whether a hate crime leading to injury or death entitles a victim or their family to receive worker…

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