Home/Case Law/JACOB DIPIERO vs. CITY OF CAMPBELL, TRISTAR RISK MANAGEMENT
Regular DecisionRegular Panel Decision

JACOB DIPIERO vs. CITY OF CAMPBELL, TRISTAR RISK MANAGEMENT

Filed: Jun 03, 2025
San Francisco
ADJ15251480

CompFox AI Summary

Applicant Jacob DiPiero sought reconsideration of a WCJ's decision regarding jurisdiction over advance disability pension payments (ADPP). The WCJ had initially found the Appeals Board lacked jurisdiction to determine ADPP entitlement under Labor Code section 4850.4. The Appeals Board, referencing Gage v. Workers' Comp. Appeals Bd., concluded that ADPP constitutes compensation under Division 4 of the Labor Code, thus granting it exclusive jurisdiction over the matter. Consequently, the Board granted the applicant's petition for reconsideration, rescinded the WCJ's March 12, 2025 Findings of Fact and Order, and returned the case to the trial level for further proceedings on the merits of ADPP entitlement.

Full Decision Text1 Pages

Applicant Jacob DiPiero sought reconsideration of a WCJ's decision regarding jurisdiction over advance disability pension payments (ADPP). The WCJ had initially found the Appeals Board lacked jurisdiction to determine ADPP entitlement under Labor Code section 4850.4. The Appeals Board, referencing Gage v. Workers' Comp. Appeals Bd., concluded that ADPP constitutes compensation under Division 4 of the Labor Code, thus granting it exclusive jurisdiction over the matter. Consequently, the Board granted the applicant's petition for reconsideration, rescinded the WCJ's March 12, 2025 Findings of Fact and Order, and returned the case to the trial level for further proceedings on the merits of ADPP entitlement.

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