Gamble

Gamble v. Workers' Compensation Appeals Board

Good Law
143 Cal. App. 4th 71·49 Cal. Rptr. 3d 36
Court of Appeal of CaliforniaSeptember 26, 2006G034577California7,305 words

Opinion

Opinion

O'Leary, J.

The Workers’ Compensation Appeals Board (the Board) ordered employer, United Airlines, to provide vocational rehabilitation maintenance allowance (VRMA) benefits to an injured worker, Clifford Gamble, but allowed United a credit for wages Gamble earned at his concurrent employment at the Los Angeles Unified School District (the School District). Gamble asserts the Board erred in allowing such a credit and argues the credit unfairly penalizes an injured worker who must work two jobs to support himself and his dependents and amounts to a windfall to the employer as a result of the worker’s diligence. United contends Gamble is not entitled to any “wage loss” because VRMA benefits cannot exceed $246 per week and because Gamble’s School District earnings alone exceed this statutory maximum. Gamble does not dispute the statutory maximum, but insists his earnings from his second job are not a proper consideration in calculating United’s liability for VRMA benefits. We agree with Gamble and conclude the Board’s finding is unsupported by the statutory or case law. Accordingly, the decision of the Board is annulled.

I. Background on Workers’ Compensation

Workers’ compensation is…

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