Dept. of Corrections & Rehabilitation v. Workers' Comp. Appeals Bd.

Summary

The court held that the 50 percent serious-and-willful-misconduct premium must be calculated only on compensation recoverable under the workers’ compensation law, not on industrial disability leave or enhanced industrial disability leave benefits provided under the Government Code. Because the statutory definition of compensation contains that limitation, the court rejected the Board’s contrary interpretation and affirmed the Court of Appeal. The court also clarified that prior authority concerning the treatment of industrial disability leave for a time-limit provision did not establish that industrial disability leave is equivalent to temporary disability for all legal purposes.