DONALD APPLEBY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PACIFIC BELL, Respondents. 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. 2 On November 30, 1992, the WCJ made findings on the issue of the credit, denying the credit to Pacific Bell. 3 Pacific Bell sent a letter to Appleby on June 26, 1990, shortly after his injury, clearly advising him that Pacific Bell intended to recover Plan benefits paid to him from workers' compensation benefits. The Board concluded that applicant Appleby, by accepting benefits from the Plan after receipt of the letter, had thereby waived his right to object to the credit.

Download full case here.