Case Law Database

DAVID FIDJELAND vs. LAKE COUNTY SHERIFF'S DEPARTMENT

This case involves a Lake County Sheriff's Deputy's claim for increased permanent disability benefits under Labor Code § 4658(d). The defendant argued the applicant was not entitled to the increase because he voluntarily retired and no further work offer was required. However, the Board determined the applicant's disability retirement was involuntary, initiated by the employer. Because the employer failed to make a new work offer within 60 days of the applicant's final permanent and stationary date, the 15% increase for permanent disability benefits was affirmed. The decision also corrected clerical errors and clarified the stipulation regarding both specific and cumulative trauma injuries.