Moreno Valley Unified School Dist. v. Workers' Comp. Appeals Bd

In Moreno Valley Unified School Dist. v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1214, the parties had settled the injured worker's claim by a compromise and release agreement prior to a criminal conviction under section 1871.4. The superior court ordered the applicant to pay $ 100 total in restitution pursuant to section 1871.5. The Moreno Valley Unified School District sought to recover the $ 100 plus another $ 109,000 it claimed the worker's fraud had cost it. The school district requested an order from the board setting aside the settlement. The board held it could not interfere with the superior court's order of restitution and, moreover, that the school district had not met its burden of proof on the $ 109,000. The board commented that restitution was a remedy only obtainable in the criminal proceeding and the board's role was limited to questions regarding provision of benefits postconviction. (Moreno Valley Unified School Dist. v. Workers' Comp. Appeals Bd., supra, 61 Cal.Comp.Cases at pp. 1215-1216.)