> >
Case Name | Currie v. WCAB | |
---|---|---|
Date | 02/26/2001 | |
Note | Prejudgment interest per Civil Code section 3287 must be included in 132a Award. | |
Citation | 2001 (Sup. Ct. S085652) | |
WCC Citation | WCC 3582001 CA |
In making an award of backpay under Labor Code section 132a 1 to an employee wrongfully denied reinstatement because of an industrial injury, may the WorkersïŸ Compensation Appeals Board (WCAB) include prejudgment interest on the lost wages so awarded?Harmonizing the Civil CodeïŸs mandate of entitlement to prejudgment interest on damages due on a particular day (Civ. Code,  3287, subd. (a)) with the provisions of the Labor Code governing WCAB awards, we conclude such an award is permitted, and indeed required, when the criteria of Civil Code section 3287 are met. Click here for full opinion in PDF format.
Download full case here.
Download full case here.