Thursday, June 05, 2003

Case Emphasizes the Importance of Coordinating Workers' Comp and Personnel Administration

Dept. of Corrections v. WCAB (Clark) is a case in which the collective bargaining agreement required the Claimant to pay back WC benefits when he had used sick time. The case was settled with a Compromise and Release providing that the Claimant would collect about $2,000.00. When the personnel office recovered the amount from the Claimant's pay, the WCJ rather perfunctorily directed payment of the C&R amount with no credit pursuant to the CBA. The WCJ also granted the Claimant's request for 50% penalties and attorney's fees for unreasonable contest. The Compromise and Release Agreement did not reflect that the Claimant was required to reimburse the Employer, and apparently it did not come up at the hearing. The Board and the Court affirmed.

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