Legal Opinion

County of San Joaquin v. Workers' Compensation Appeals Board

California Court of Appeal

Decided March 22, 2004No. C043812PublishedCited by 7 opinions

1Opinion of the Court

Opinion

MORRISON, J.

A workers’ compensation applicant and her employer settled her case by giving her a lump-sum payment, but crediting the employer for certain advances, both in a specified amount and “further” amounts subject to proof. A workers’ compensation judge (WCJ) approved the settlement, but later ruled the employer was not entitled to “further” credits. On reconsideration, the Workers’ Compensation Appeals Board (Board) agreed with the WCJ. We annul the Board’s decision because it deprives the employer of a lawful, bargained-for provision of the settlement.

BACKGROUND

Norma Sepulveda…

2Cases cited12 opinions

  1. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  2. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  3. LeVesque v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  4. Solis v. Kirkwood Resort Co.California Court of Appeal · 2001
  5. Ralphs Grocery Co. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1995

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3Cited by7 opinions

  1. FabArc Steel Supply, Inc. v. COMPOSITE CONSTR. SYSTEMS, INC.Supreme Court of Alabama · 2005
  2. California Chamber of Commerce v. BrownCalifornia Court of Appeal · 2011
  3. California Insurance Guarantee Ass'n v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2012
  4. California Oregon Broadcasting, Inc. v. United StatesUnited States Court of Federal Claims · 2006
  5. Gidding v. Salama CA1/2California Court of Appeal · 2014

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