Southern Cal. Edison Co. v. WKRS.'COMP. APP. BD.

Opinion

WOODS, J.

Petitioner contends that when both an employer and a third party are found concurrently negligent in an employee’s accident, workers’ compensation benefits previously paid to an employee must be included in calculating an employer’s requisite credit threshold. Respondent Workers’ Compensation Appeals Board (hereinafter, WCAB) disagreed and held that the credit threshold cannot be offset by such payments. We find that previous unreimbursed payments should be included in this calculation and therefore annul the WCAB’s order and remand for further proceedings.

Facts

On November 13,…