Tomorrow morning, the Supreme Court will file its opinion in California Department of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board. (Briefs here; oral argument video here.)
The case is expected to decide whether the calculation of enhanced workers’ compensation benefits for an employer’s serious and willful misconduct under Labor Code section 4553 should be based on temporary disability payments available under the Labor Code. The court granted review in December 2023. More about the case here.
This will be the first of four opinions in cases argued on the December calendar. Opinions in two of the other cases are due by March 3, while a decision in the People v. McGhee death penalty appeal isn’t due until April 3 because of post-argument briefing. The other argued but undecided cases are the three on the January calendar (opinions due by April 7) and the four on the February calendar (opinions due by May 5).
The Department of Corrections opinion can be viewed tomorrow starting at 10:00 a.m.
