Leamon
Leamon v. Workers' Compensation Appeals Board
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…