Sabath
Sabath v. Workers' Compensation Appeals Board
Opinion
Lead Opinion
Blease, J.
*288 Opinion
Petitioner, Richard Sabath, seeks review of an order of the Workers’ Compensation Appeals Board (Board) that $246 per week of the salary he received in lieu of disability payments under Labor Code section 4800.5, subdivision (b), 1 by reason of entitlement to a vocational rehabilitation maintenance allowance (VRMA) under section 139.5, is to be credited toward the $16,000 cap on vocational rehabilitation benefits established by the latter section.
We granted a petition to review the order. We will conclude the WCAB decision is not correct and shall reverse the order.
Factual and Procedural Background
On May 8, 1995, Sabath, a sworn employee of the California Highway Patrol (CHP), filed a claim with the State Compensation Insurance Fund (SCIF) for workers’ compensation benefits by reason of a cumulative injury from work-related stress and injuries to his chest, stomach, head and psyche. He was taken off work on May 15, 1995, and was paid his full salary of $1,263 per week in lieu of disability payments pursuant to section 4800.5.
On February 15, 1996, Sabath’s injury was determined to be permanent. His salary was terminated pursuant to section 4800.5,…