Home/Case Law/JAMES WARDE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS
Regular DecisionReconsideration

JAMES WARDE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS

Filed: Dec 19, 2013
Redding
ADJ7641549 (MF)

CompFox AI Summary

This case addresses whether an incarcerated individual, awaiting trial due to inability to make bail, is considered "reincarcerated" under Labor Code section 3370(a)(3) for workers' compensation benefit purposes. The applicant argued his custody was not a sentence but a pre-adjudication detention. The Appeals Board affirmed the WCJ's decision, holding that "reincarcerated" broadly includes any confinement in a city or county jail, irrespective of the reason or status of adjudication. The Board found this interpretation aligns with legislative intent to cease benefits when an inmate's basic needs are publicly provided during confinement. Therefore, the applicant is not entitled to temporary disability benefits while in county jail.

Full Decision Text1 Pages

This case addresses whether an incarcerated individual, awaiting trial due to inability to make bail, is considered "reincarcerated" under Labor Code section 3370(a)(3) for workers' compensation benefit purposes. The applicant argued his custody was not a sentence but a pre-adjudication detention. The Appeals Board affirmed the WCJ's decision, holding that "reincarcerated" broadly includes any confinement in a city or county jail, irrespective of the reason or status of adjudication. The Board found this interpretation aligns with legislative intent to cease benefits when an inmate's basic needs are publicly provided during confinement. Therefore, the applicant is not entitled to temporary disability benefits while in county jail.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.