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Case Name | Pasquinelli v. State of CA | |
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Date | 02/20/1975 | |
Note | Claim for 1 yr. salary needs to be filed within 3 yrs. of employer's wrongful termination of benefits. | |
Citation | 45 Cal.App.3d 457 | |
WCC Citation | WCC 26751975 CA |
ROBERT J. PASQUINELLI et al. , Plaintiffs and Respondents, v. THE STATE OF CALIFORNIA et al. , Defendants and Appellants (Opinion by Friedman, J. , with Puglia, P. J. , and Janes, J. , concurring. )Petitioner Pasquinelli suffered several injuries, the last on May 30, 1970, and received 226-7/8 days of benefits under section 4800, separating for permanent disability on October 15, 1970. In the trial court the state asserted the bar of a one-year period of limitations; petitioners sought shelter under the five-year statute governing some workmen's compensation proceedings. (Monroe v. Trustees of the California State Colleges, 6 Cal. 3d 399, 405 [99 Cal. Rptr. 129, 491 P. 2d 1105]. )Petitioner Pasquinelli did not voluntarily relinquish the salaried leave of absence granted by Labor Code section 4800.
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