Legal Opinion
Ferguson v. Workers' Compensation Appeals Board
California Court of Appeal
Decided April 13, 1995No. A063246PublishedCited by 15 opinions
1Opinion of the Court
Opinion
KLINE, P. J.
This case presents the heretofore unresolved question whether the 50 percent increase in workers’ compensation recovery provided *1617in Labor Code section 45531 for cases of serious and willful misconduct by an employer is to be calculated on the basis of the entire workers’ compensation award, including nonindemnity payments, or must be calculated only on the basis of the compensation indemnity. We hold that the 50 percent increase is to be calculated on the entire award, not just compensation indemnity, provided the total benefits do not exceed the amount necessary to fully…
2Cases cited24 opinions
- Webster v. FallSupreme Court of the United States · 1925
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- People v. GilbertCalifornia Supreme Court · 1969
- People v. Western Air Lines, Inc.California Supreme Court · 1954
- Johns-Manville Products Corp. v. Superior CourtCalifornia Supreme Court · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chevron U.S.A., Inc. v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1999
- Kern County Department of Human Services v. Michael U.California Court of Appeal · 2000
- San Diego County Health & Human Services Agency v. J.C.California Court of Appeal · 2011
- People v. GillardCalifornia Court of Appeal · 1997
- Fireman's Fund Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2010
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