Home/Case Law/LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY

Filed: Jul 01, 2008
San Francisco
SFO 0500209

CompFox AI Summary

The Appeals Board granted reconsideration, amending the prior award to allow the employer a credit against Vocational Rehabilitation Maintenance Allowance (VRMA) for wages earned by the applicant from subsequent employment. While the applicant was found to be a Qualified Injured Worker (QIW) entitled to vocational rehabilitation services and VRMA, the Board distinguished this case from Gamble v. Workers' Comp. Appeals Bd., finding that the applicant's subsequent employment replaced her injured position rather than being concurrent. Therefore, allowing the credit prevents the applicant from receiving a windfall and is consistent with the wage-loss basis of temporary disability indemnity.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, amending the prior award to allow the employer a credit against Vocational Rehabilitation Maintenance Allowance (VRMA) for wages earned by the applicant from subsequent employment. While the applicant was found to be a Qualified Injured Worker (QIW) entitled to vocational rehabilitation services and VRMA, the Board distinguished this case from Gamble v. Workers' Comp. Appeals Bd., finding that the applicant's subsequent employment replaced her injured position rather than being concurrent. Therefore, allowing the credit prevents the applicant from receiving a windfall and is consistent with the wage-loss basis of temporary disability indemnity.

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LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY (2008) – San Francisco | CompFox