Home/Case Law/ANDREW HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL
Regular DecisionWorkers' Compensation

ANDREW HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL

Filed: Feb 06, 2017
Van Nuys
ADJ1 646469

CompFox AI Summary

This case concerns a California Highway Patrol officer who sustained a work-related injury and was temporarily disabled. The Appeals Board initially ruled against the officer's claim for additional compensation, finding he received full salary and that reimbursement for accrued paid leave was outside WCAB jurisdiction. The Court of Appeal annulled this decision, holding that using accrued leave to supplement disability pay constituted a "loss of salary" prohibited by Labor Code section 4800.5. Consequently, the Appeals Board affirmed the original WCJ's award, directing the officer receive compensation for used annual leave, plus interest and penalties.

Full Decision Text1 Pages

This case concerns a California Highway Patrol officer who sustained a work-related injury and was temporarily disabled. The Appeals Board initially ruled against the officer's claim for additional compensation, finding he received full salary and that reimbursement for accrued paid leave was outside WCAB jurisdiction. The Court of Appeal annulled this decision, holding that using accrued leave to supplement disability pay constituted a "loss of salary" prohibited by Labor Code section 4800.5. Consequently, the Appeals Board affirmed the original WCJ's award, directing the officer receive compensation for used annual leave, plus interest and penalties.

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