Ford

Ford v. Workers' Comp. Appeals Bd.

Good Law
16 Cal. App. 5th 889·2017 Cal. App. LEXIS 951·225 Cal. Rptr. 3d 557·2017 WL 4973885·82 Cal. Comp. Cases 1105
Court of Appeal of CaliforniaOctober 6, 2017D070915California4,010 words

Opinion

lead Opinion

Benke, J.

*891 In this case, we deny relief on a petition for review of an award of benefits made by the Workers' Compensation Appeals Board (WCAB). In specified circumstances, a worker who engages in criminal fraud in attempting to recover workers' compensation benefits and is convicted of doing so is thereafter barred from recovering benefits growing out of the fraud. However, in given circumstances where, independent of any fraud, a worker is able to establish his or her entitlement to benefits, benefits may be awarded.

Here, the WCAB found evidence, independent of a worker's fraud, that he had suffered a compensable injury and was entitled to benefits. In doing so the WCAB relied on the determination of a medical expert. As we explain, we find no error in the WCAB's determination the workers' claim was not barred by his misdemeanor conviction for workers' compensation fraud and in the WCAB's adoption of the expert's finding of a permanent disability. Accordingly, we deny the petitioner any relief on its petition asking that we vacate the WCAB's award.

FACTUAL AND PROCEDURAL BACKGROUND

1. Injury

On March 24, 2006, while working at Pearson Ford, Leopoldo Hernandez accidentally slammed…

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