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| Case Name | Hodgman v. WCAB | |
|---|---|---|
| Date | 09/12/2007 | |
| Note | The Board has no basis for restricting compensation to nonduplicative care because the parties agreed in a compromise and release agreement (C&R) that the guardian was entitled to compensation for duplicative care and the employer, not the estate of the injured worker, should bear the expense. | |
| Citation | 155 Cal. App. 4th 44; 65 Cal. Rptr. 3d 687 | |
| WCC Citation | WCC 32542007 CA |
Filed 9/12/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JOHN PERRY HODGMAN, an Incompetent Person, etc. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, COMMUNITY CARE CENTER, INC. , et al. , Respondents. BACKGROUND On October 28, 1988, John Perry Hodgman (John) sustained a catastrophic industrial injury in a motorcycle-versus-automobile collision while employed by Community Care Center. "The WCAB may ask the appointee to give a bond of the kind required by the superior court for the guardians it appoints. To be discharged from liability, the guardian or trustee must file an accounting with the WCAB or superior court. Fees of the guardian or trustee are fixed by either the WCAB or the superior court.
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