Leamon

Leamon v. Workers' Compensation Appeals Board

Good Law
190 Cal. App. 3d 1409·1987 Cal. App. LEXIS 1549·235 Cal. Rptr. 911·52 Cal. Comp. Cases 146
Court of Appeal of CaliforniaApril 7, 1987C000401California3,488 words

Opinion

Opinion

Blease, J.

This matter arises on consolidated petitions for writs of review of decisions of the Workers’ Compensation Appeals Board (Board). The Board awarded Rickie Leamon increased compensation (Lab. Code, § 132a) for three absences from work because Campbell Soup Company (Campbell) failed to correct its records to show that they were industrially caused, as determined by a workers’ compensation judge (WCJ).

Leamon inter alia seeks to compel the Board to order that he be paid lost wages and benefits, the loss of which he claims was caused by Campbell’s failure to correct its records. Campbell seeks to overturn a decision favorable to Leamon. We will affirm the decisions of the Board.

Facts and Procedural Background

Under a collective bargaining agreement between Leamon’s union and Campbell, an employee may be discharged for cause. As applied to this case, under this agreement cause is measured by Campbell’s absentee policy. This policy provides that unexcused absences and other employee shortcomings are assigned demerits. Leamon was discharged by Campbell on January 5, 1981, for excessive demerits. Some of the demerits were assigned by counting, as ««excused, three absences…

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