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(DOWNLOAD) "Lunghi v. Clark Equipment Co." by First Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free

Lunghi v. Clark Equipment Co.

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eBook details

  • Title: Lunghi v. Clark Equipment Co.
  • Author : First Appellate District, Division Three Court of Appeal of California
  • Release Date : January 22, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

In this workers compensation matter, petitioner Arthur Rodgers, the employee, contends that the Workers Compensation Appeals Board (WCAB) used the wrong formula in determining the credit against future workers compensation payments to which his employer is entitled under Labor Code section 3861 as interpreted in Associated Construction & Engineering Co. v. Workers Comp. Appeals Bd. (1978) 22 Cal. 3d 829 [150 Cal. Rptr. 888, 587 P.2d 684]. As we explain, the WCABs approach is totally faithful to the rationale of Associated Construction and, in addition, is consistent with a line a post- Associated Construction decisions which have addressed a very similar question in the context of an employers right to reimbursement for compensation benefits that have already been paid. Accordingly, we conclude that the WCAB decision should be upheld.


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