WCAB: IDL Payments Are 'Compensation' for Calculating Serious and Willful Award

Industrial Disability Leave salary continuation benefits paid to injured California state workers as an alternative to temporary disability are considered compensation when calculating awards for serious and willful violations, the Workers’ Compensation Appeals Board ruled. “The ‘otherwise recoverable’ language in (Labor Code) Section 4553 is fairly expansive with the potential to contemplate compensation received outside of Division 4 of the Labor Code,” the WCAB said in an April 13 panel decision. “Furthermore, the purpose of an award under 4553 is to mor...