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Case Name | Edgar v. WCAB (CHP) | |
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Date | 06/24/1998 | |
Note | Full leave of absence salary for 1 yr. was not in lieu of vocational rehabilation. | |
Citation | 65 Cal.App.4th 1, 63 CCC 703 | |
WCC Citation | WCC 26731998 CA |
OPINION NARES, J. - Petitioner Douglas Edgar (Edgar) seeks review of a decision of respondent Workers' Compensation Appeals Board (WCAB). Edgar was placed on leave of absence with one year of full salary under former section 4800, fn. In July 1997, WCAB issued its opinion and decision after reconsideration, rescinding the decision of the WCJ. WCAB found that CHP, in calculating the vocational rehabilitation benefits it was required to provide to Edgar, was entitled to include the weekly sum of $246 for the weeks Edgar was both receiving full leave of absence salary under former section 4800, and participating in vocational rehabilitation. WCAB concluded that CHP paid a portion of the salary benefits to Edgar in lieu of VRMA, and thus a portion of the salary 'must be included in the amounts used to calculate the cap on vocational rehabilitation benefits. '
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