FERGUSON v. WORKERS' COMP. APPEALS BD.

Docket No. A063246.

33 Cal.App.4th 1613 (1995)

39 Cal. Rptr.2d 806

JUDY A. FERGUSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RALEY'S SUPERMARKETS, Respondents.

Court of Appeals of California, First District, Division Two.

April 13, 1995.


Attorney(s) appearing for the Case

COUNSEL

Mark E. Gearheart for Petitioner.

William B. Donohoe, Joseph J. D'Andre, Mark R. Lippman and Mark R. Peterson for Respondents.


OPINION

KLINE, P.J.

This case presents the heretofore unresolved question whether the 50 percent increase in workers' compensation recovery provided in Labor Code section 45531 for cases of serious and willful misconduct by an employer is to be calculated on the basis of the entire workers' compensation award, including nonindemnity payments, or must be...

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