A corrections officer isn’t entitled to an increase in workers compensation benefits received for injuries suffered in a 2002 preplanned prison attack, the California Court of Appeals ruled Monday.
The court determined a comp judge correctly found the California Department of Corrections and Rehabilitation didn’t engage in “serious and willful misconduct” at the time of the coordinated inmate attack.
Lancaster State Prison guard Michael Ayala, who was injured in the attack, had contended his employer’s serious and willful misconduct entitled him to a 50% benefit increase under state law.
The Workers’ Compensation Appeal Board overturned the comp judge’s decision, finding prison officials didn’t act on a credible threat of inmate violence at the time of the incident. That decision enabled Mr. Ayala to seek the benefits increase.
Mr. Ayala said that before he became permanently disabled, his base compensation was his full salary, which he received while on industrial disability and enhanced industrial disability leave, alternatives to temporary disability.
The Department of Corrections argued that industrial disability benefits were not considered “compensation.” The distinction was important because the 50% benefit increase Mr. Ayala sought was based on “compensation.”
The appeals court said industrial disability leave is not considered compensation for the purpose of the additional benefits available when an employer engages in willful misconduct.
The court reversed the comp appeal board’s decision and sent the case back to the board for further action.