Stemler

Petitioner Don L. Stemler appeals the decision of the Workers’ Compensation Appeals Board (the WCAB). After the workers’ compensation judge entered an award for petitioner, respondents State of California, Department of Transportation (Cal Trans) and State Compensation Insurance Fund, Adjusting Agency, filed petitions for reconsideration. Upon reconsideration, the WCAB reversed the award on two issues. Petitioner contends the WCAB erred in such reversal (1) in refusing to award the petitioner future medical treatment, and (2) in failing to find that by depriving petitioner of a safety incentive bonus solely because of time lost due to petitioner’s work related injury, Cal Trans illegally discriminated against petitioner in violation of Labor Code section 132a. The WCAB’s findings and award on reconsideration are reversed in part and affirmed in part for the reasons which follow.

On June 4, 1985, while employed as a heavy equipment operator for Cal Trans, petitioner injured his back, shoulder, neck and left leg when the grader he was driving went over the embankment and down a hill. Since then he has missed work off and on due to his injuries.

Petitioner received…

Although I concur in the result arrived at by the majority, I reach the same destination as my colleagues by taking a different judicial route.

Without deciding the issue, the majority assumes that the denial of the incentive bonus award constitutes an unlawful discrimination under Labor Code section 132a. It then resolves the conflict between that statute and the statute authorizing the bonus, Government Code section 19994.20, by applying the rule that a special statute takes precedence over a conflicting general statute. As the majority sees it, Government Code section 19994.20 is the more specific statute because it deals only with state employees and their collective bargaining agreements. In my view, the majority’s unspoken premise is flawed. These two disparate statutes do not deal with the same subject matter and consequently the special/general rule has no application here.

Code of Civil Procedure section 1859 directs that “[i]n the construction of a statute the intention of the legislature . . . is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former.” Consequently, “where the same subject matter…

[Opinion certified for partial publication. [*] ]

OPINION

MARLER, J.

Petitioner Don L. Stemler appeals the decision of the Workers' Compensation Appeals Board (the WCAB). After the workers' compensation judge entered an award for petitioner, respondents State of California, Department of Transportation (Cal Trans) and State Compensation Insurance Fund, Adjusting Agency, filed petitions for reconsideration. Upon reconsideration, the WCAB reversed the award on two issues. Petitioner contends the WCAB erred in such reversal (1) in refusing to award the petitioner future medical treatment, and (2) in failing to find that by depriving petitioner of a safety incentive bonus solely because of time lost due to petitioner's work related injury, Cal Trans illegally discriminated against petitioner in violation of Labor Code section 132a. The WCAB's findings and award on reconsideration are reversed in part and affirmed in part for the reasons which follow.

On June 4, 1985, while employed as a heavy equipment operator for Cal Trans, petitioner injured his back, shoulder, neck and left leg when the grader he was driving went over the embankment and down a hill. Since then he has missed…