Rodgers v. Workers' Compensation Appeals Board

Opinion

KAUS, J.

In this workers’ compensation matter, petitioner Arthur Rodgers, the employee, contends that the Workers’ Compensation Appeals Board (WCAB) used the wrong formula in determining the credit against future workers’ compensation payments to which his employer is entitled under Labor Code section 38611 as interpreted in Associated Construction & Engineering Co. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 829 [150 Cal.Rptr. 888, 587 P.2d 684], As we explain, the WCAB’s approach is totally faithful to the rationale of Associated Construction and, in addition, is consistent with a…