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Case Name | Farmers Ins. Exchange vs. WCAB (Sanchez) | |
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Date | 12/19/2002 | |
Note | Only particular item of fraud barred; claimant still entitled to benefits; employer cannot take credit for restitution against benefits. | |
Citation | 104 Cal.App.4th 684 | |
WCC Citation | WCC 28992002 CA |
FARMERS INSURANCE GROUP OF COMPANIES/TRUCK INSURANCE EXCHANGE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MICHAEL SANCHEZ, Respondents. His employer's insurer, Farmers Insurance Group of Companies/Truck Insurance Exchange, seeks a credit against the life pension in the workers' compensation action in order to satisfy the restitution order. Farmers petitioned to bar all further workers' compensation benefits pursuant to the fraud conviction, or in the alternative, for credit. Page 4} could be barred if Farmers had filed such a request within five years of the date of injury. Allowing Farmers a credit against Sanchez's lifetime pension would be tantamount to modification or compromise of the criminal restitution order We therefore decline Farmers' request.
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