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Case Name | Anderson v. Union Oil Co. | |
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Date | 07/17/1975 | |
Note | Employer can provide in a voluntary benefit plan for credit against work comp. liabilities. | |
Citation | 49 Cal.App.3d 968, 40 CCC 970 | |
WCC Citation | WCC 24601975 CA |
GEORGE L. ANDERSON, Plaintiff and Appellant, v. UNION OIL COMPANY OF CALIFORNIA, Defendant and Respondent (Opinion by Beach, J. , with Fleming, Acting P. J. , and Compton, J. , concurring. )OPINION BEACH, J. Respondent's employee appeals from a judgment in favor of respondent Union Oil Company in a class action for declaratory relief. The provisions for sick pay allowance are contained in the articles of agreement between respondent Union Oil and the appellant's labor union. Appellant received his full salary during the period of illness; $3,420 under the workmen's compensation statute and $2,095. 58 from respondent Union Oil Company pursuant to the company funded sick pay plan. Whether, under the Union Oil plan, sick pay is the equivalent of 'earnings' and a 'benefit' as defined by Labor Code sections 3751 and 3752. .
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