California Supreme Court Watch

#23-246 California Department of Corrections and Rehabilitation v. Workers’ Comp. Appeals Bd., S282013. (E079076; 94 Cal.App.5th 464; Workers’ Compensation Appeals Board; ADJ1360597.) Petition for review after the Court of Appeal annulled and remanded the decision in a Workers’ Compensation Appeals Board proceeding. This case presents the following issue: Should the calculation of enhanced workers’ compensation benefits for an employer’s serious and willful misconduct under Labor Code section 4553 be based on temporary disability payments available under the Labor Code?

Petition for review granted: 12/13/2023

Case fully briefed: 3/14/2024

See the Court of Appeal Opinion.