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Case Name Gamble v. WCAB
Date 09/21/2006
Note An employee's earnings from his second job are not a proper consideration in calculating an employer's liability for VRMA benefits.
Citation 143 Cal. App. 4th 71
WCC Citation WCC 31822006 CA
We agree with Gamble and conclude the Board's finding is unsupported by the statutory or case law. He noted, there was unrebutted trial testimony Gamble and his family were dependent on his two incomes, and concluded Gamble should not be penalized for his continuing work in a much less physically demanding occupation with the School District. United again disputed Gamble was a Qualified Injured Worker and reasserted it should be given credit for wages earned by Gamble at the School District. United did not file a petition to challenge the Board's determination Gamble was a Qualified Injured Worker or its finding Gamble was entitled to receive VRMA benefits. Simply stated, Gamble is entitled to all components of VRMA benefits because he a Qualified Injured Worker.

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