Ybarra Collateral Benefit Case Ordered Published

Previously reported as unpublished, the 2nd District Court of Appeal of California yesterday ordered published Ybarra v. WCAB, SIF. The decision held that it was improper to credit an injured workers' retirement disability against his permanent disability award where the reasons for the respective indemnity benefits were different although they arose out of the same act or accident. Mr. Ybarra was a police officer who filed separate claims & received awards for GI/Hypertension (41%) and orthopedic injuries (61%). The GI/Hypertension claim was determined to be prior in time...