Appleby

Appleby v. Workers' Compensation Appeals Board

Good Law
1994 Cal. App. LEXIS 786·27 Cal. App. 4th 184·32 Cal. Rptr. 2d 375·94 Daily Journal DAR 10677·59 Cal. Comp. Cases 520
Court of Appeal of CaliforniaJuly 29, 1994B074408California4,300 words

Opinion

Opinion

Armstrong, J.

We consider whether the Workers’ Compensation Appeals Board (Board) properly overruled a workers’ compensation judge (WCJ) and allowed “integration” of the private benefits plan of defendant employer Pacific Bell with the California workers’ compensation system, by permitting Pacific Bell a credit against an injured employee’s permanent disability indemnity for payments made to the injured employee pursuant to the private plan. We have concluded that the Board acted correctly in allowing the credit and affirm the order.

Facts and Procedural History

On April 18, 1990, applicant Donald Appleby, a splicing technician, injured his left knee while in the course and scope of his employment at defendant Pacific Bell. As the result of the injury, applicant was totally temporarily disabled on May 23, 1990, and from May 31, 1990, through December 2, 1990.

During that period, applicant received a total of $17,928.40 from Pacific Telesis Group’s sickness and accident disability plan (Plan). (Pacific Bell is a subsidiary of Pacific Telesis.) If applicant had received the total temporary disability indemnity payable pursuant to the California workers’ compensation schedule of…

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