Legal Opinion
Rucker v. Workers' Compensation Appeals Board
California Court of Appeal
Decided July 13, 2000No. B137562PublishedCited by 4 opinions
1Opinion of the Court
Opinion
HASTINGS, J.
Injured employee, Alberta Rucker, seeks review of an order of the Workers’ Compensation Appeals Board (Board), denying her demand for advances against permanent disability (PDA), as permitted under Labor Code section 139.5, subdivision (d), and a penalty due to the employer’s failure to pay it, pursuant to Labor Code section 5814.1 We agree that the Board should have granted her petition for reconsideration, that she established that she was entitled to PDA, and that respondent failed to meet its burden to prove that its failure to pay the additional amount under section…
2Cases cited12 opinions
- Kerley v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1971
- Western Growers Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1993
- Ritchie v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1994
- Edgar v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1998
- Kaiser Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1952
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3Cited by4 opinions
- Rea v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005
- Gangwish v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2001
- Medrano v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
- Ventura Coastal v. Occupational Safety & Health Appeals Bd.California Court of Appeal · 2020