Case Law Database

BEATRICE SYWASSINK vs. PACIFIC GAS AND ELECTRIC COMPANY

The Workers' Compensation Appeals Board affirmed a prior decision denying Pacific Gas and Electric Company's (PG&E) claim for credit against Beatrice Sywassink's National Vaccine Injury Compensation Program (NVICP) award. The Board found that the NVICP, designed as a no-fault system, expressly prohibits compensation for expenses already covered by state compensation programs like workers' compensation. Allowing PG&E a credit would frustrate the intent of the federal program and potentially violate the Supremacy Clause. Furthermore, PG&E lacked standing to pursue a claim under the NVICP itself, and the program, not PG&E, holds subrogation rights to prevent double recovery.