The California Supreme Court on Thursday said a correctional officer who was seriously injured in a planned attack by inmates is not entitled to a 50% increase for serious and willful employer misconduct because the industrial disability leave benefits he received do not count as compensation.
Labor Code Section 4553 provides a 50% increase in "the amount of compensation otherwise recoverable" for a compensable workplace injury caused by an employer's serious and willful misconduct. Michael Ayala argued that the section should apply to increase the industrial disability leave be...
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