JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.