GO TO:
- INDEX OF CASES
- FORUMS
- ARCHIVES
• NEWS
• CASES
• EDITORIALS
|
May 27, 2008
Source:
WorkInjury.com
----------------------------
CA/5:
Special Industrial Leave Reaffirmed as Part of TD Cap
We reported earlier on the published case of Brooks v. WCAB (to read that, CLICK HERE).
This unpublished case, just issued from the Fifth District, involves the issue of whether "industrial leave" payments should be calculated into the TD cap and follows Brooks in deciding they should.
The injured worker was a correctional officer who qualified and received "enhanced Industrial Disability Leave" (IDL) payments (amounting to full take-home pay) for a period of time after sustaining admitted work injuries.
The question was whether State Fund was required to pay TD for a full two years after the IDL payments stopped.
The Court said that Brooks rightly explained why IDL benefits were to be considered a part of TD for the purposes of calculating the 2-year TD cap.
This unpublished case is Wiley v. WCAB.
To read the opinion,
PLEASE CLICK HERE.
[Link doesn't work? Let us know!].
Return to Top of Page
------------ © 2008 Goldberger & Associates ------------
workers compensation news, workers compensation articles, workers compensation cases and forums, workers comp forms, workers comp attorneys, workers compensation addresses and numbers, workers compensation yellow pages, workers compensation resources and links, workers comp rating charts, disability info, workers comp insurance news!
|
-
Send Us Articles -
5th Ed. is Still the Law! (reduced price)
 
Master the Guides for Under $60!
 
|
