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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ 2437239 (AHM 0140146)
Regular
Aug 24, 2010

LAWRENCE MOORE vs. COUNTY OF ORANGE, Permissibly SelfInsured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT

This case involves a sheriff's deputy who sustained industrial injuries to his spine, knees, and shoulder. He retired from service to receive retirement benefits. The defendant argued that Labor Code Section 4850 benefits, which provide leave of absence without loss of salary for up to one year, should not be awarded post-retirement. However, the Board affirmed the award, holding that Section 4850 benefits are not automatically terminated upon service retirement for those under the County Employees Retirement Law of 1937, unlike those retired under the Public Employees' Retirement System. The applicant's testimony indicated he did not voluntarily leave the labor market, thus maintaining his eligibility for temporary disability and Section 4850 benefits.

Labor Code section 4850sheriff's special officertemporary total disabilityretirementservice retirement1937 Actsafety officerleave of absenceloss of salaryearning capacity
References
Case No. ADJ436808 (MON 0271038)
Regular
Jun 30, 2010

Gregory Martinez vs. CITY OF ANAHEIM

This case involves the City of Anaheim's petition for reconsideration of an award of temporary total disability benefits to Gregory Martinez for a 2000 spinal injury. The City argued Martinez lacked a willingness to work due to his post-injury retirement and a three-year gap in seeking employment. The Appeals Board denied the petition, finding that Martinez's retirement was not a complete withdrawal from the labor market. The Board highlighted his subsequent self-employment in property rehabilitation as evidence of an intent to pursue other work and demonstrate an earning capacity.

Temporary Total DisabilityPetition for ReconsiderationEarning CapacityWillingness to WorkRetirementSelf-EmploymentIndustrial InjurySpine InjuryPipe FitterGonzales v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3766392 (AHM 0088962)
Regular
Jul 02, 2013

SHIRLEY HARRELSON vs. COUNTY OF ORANGE, YORK RISK SERVICES GROUP, INC.

This case concerns Shirley Harrelson's claim of discrimination under Labor Code §132a after she voluntarily retired for service and was subsequently denied disability retirement. The Workers' Compensation Appeals Board denied reconsideration, adopting the administrative law judge's report. The Board found Harrelson was not entitled to job reinstatement under Government Code §31725.7(b) because she voluntarily retired for service prior to her disability retirement application. Furthermore, she failed to prove she suffered disadvantages due to her injury or claim.

Workers' Compensation Appeals BoardCounty of OrangeYork Risk Services GroupShirley HarrelsonGovernment Code §31725.7Phillips v. County of FresnoDepartment of Rehabilitation/State of California v. Workers' Comp. Appeals Bd.Labor Code §132aservice retirementdisability retirement
References
Case No. ADJ7507340
Regular
Nov 15, 2019

Richard Dela Rosa vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision regarding applicant Richard Dela Rosa's permanent disability award. The Board found that despite the applicant's disability retirement, the employer's failure to offer modified or regular work within 60 days of the permanent and stationary date triggered a 15% increase in permanent disability payments under Labor Code section 4658(d)(2). This obligation arose even though the applicant retired due to disability and did not voluntarily resign. The Board affirmed the award but increased it by 15% due to the employer's inaction.

Labor Code section 4658(d)(2)permanent and stationarydisability retirementmodified workalternative workpetition to reopennew and further disabilitymaximum medical improvementindustrial disability retirementservice retirement
References
Case No. ADJ7010974
Regular
Nov 27, 2013

BRYAN HOFFMAN vs. CITY OF EL CERRITO

In this workers' compensation case, the applicant, a police officer, sustained an industrial back injury. The employer, City of El Cerrito, sought a credit for temporary disability indemnity paid after the applicant's industrial disability retirement effective date of September 29, 2010. While the WCJ initially denied this credit, the Appeals Board granted a partial credit for overpayments from September 29, 2010, to March 1, 2011. This decision balanced the employer's good faith cooperation with the applicant against its delay in approving the retirement after receiving notice. The Board found it inequitable to penalize the employer for the entire period, but also determined the employer could have expedited the retirement approval.

Workers Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent DisabilityTemporary Disability IndemnityIndustrial Disability RetirementLabor Code section 4853Labor Code section 4909CreditOverpayment
References
Case No. ADJ2522709 (LBO 0369555)
Regular
Sep 08, 2014

CHARLES FUNKE vs. CITY OF GARDENA, CORVEL

The Workers' Compensation Appeals Board rescinded an award of temporary disability benefits to a retired police detective, Charles Funke. The Board found that while Labor Code section 4853 did not preclude benefits due to his service retirement, the key issue was whether Funke voluntarily withdrew from the labor market. Since evidence regarding his intent to continue working after retirement was insufficient, the case was returned to the trial level for further factual development.

Workers' Compensation Appeals BoardCity of GardenaCorvelCharles FunkeADJ2522709Opinion and Decision After ReconsiderationFirst Amended Findings and Awardtemporary disabilitycumulative traumalower extremities
References
Case No. ADJ8573949
Regular
Apr 02, 2015

JERRY GOLDING (Decedent), PETRA GOLDING (Widow) vs. CITY OF LOS ANGELES FIRE DEPARTMENT; TRISTAR

The applicant, widow of Jerry Golding, sought reconsideration of a denial of temporary disability benefits for her deceased husband after his retirement. The Board granted reconsideration, finding that although the decedent retired voluntarily due to the DROP program, evidence showed his intent to work as an arson investigator post-retirement. The Board determined that the worsening of his industrial injury prevented this post-retirement work, establishing an earning capacity diminished by the injury. Therefore, the Board awarded temporary total disability indemnity from March 1, 2011, to July 18, 2012, and remanded for rate determination and attorney fees.

Workers Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityEarning CapacityRetirementIndustrial InjuryPulmonary FibrosisArson InvestigatorDROP ProgramDeferred Retirement Option Plan
References
Case No. ADJ3353821 (SFO 0454092) ADJ369062 (SFO 0451362) ADJ2142913 (SFO 0454093) ADJ4629827 (SFO 0482716) ADJ3059787 (SFO 0482717)
Regular
May 19, 2010

JOZEPHINE PALINSKA vs. WALGREENS, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted reconsideration to award temporary disability indemnity for the left shoulder injury (SFO 0482716 and SFO 0482717) from June 28, 2006, to December 13, 2006, at the stipulated rate of $405.23 per week. This decision was based on evidence showing the applicant's retirement was involuntary due to unaccommodated work restrictions stemming from her injuries. The Board denied other requests as they were either previously addressed or waived by not being raised in earlier petitions. All other aspects of the prior decision were affirmed.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityInvoluntary RetirementModified DutyQualified Medical ExaminerTreating PhysicianStipulated RateSuccessive PetitionGood Cause to Reopen
References
Case No. ADJ9570277
Regular
Mar 07, 2018

WILLIAM SERA vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the award of continuing temporary disability benefits. The applicant, William Sera, a retired police detective, claimed temporary disability following lumbar surgery for a presumed industrial injury. The Board found that Sera had voluntarily retired from the labor market for reasons unrelated to his injury and therefore had no demonstrated earning capacity post-retirement to be replaced by temporary disability benefits. Because he did not establish an intent to continue working after retirement, he was not entitled to temporary disability indemnity after his surgery.

Petition for ReconsiderationTemporary Total DisabilityCumulative Trauma InjuryLumbar SurgeryService RetirementLabor MarketEarning CapacityVoluntary RetirementIndustrial InjuryFindings of Fact and Award
References
Case No. ADJ11026657
Regular
Feb 27, 2020

Monnie Wright vs. California Public Employees' Retirement System, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) affirmed the finding that collateral estoppel prevents them from determining industrial causation for applicant Monnie Wright's injury under Government Code section 21166. A prior jury found Wright's injury arose out of employment but not in the course of employment. The WCAB has jurisdiction to determine industrial causation for CalPERS disability claims, applying procedural rules and factual findings. However, collateral estoppel, being a hybrid substantive/procedural issue, means the prior jury's determination on "arising out of" but not "in the course of" employment precludes the WCAB from making a new finding of industrial causation (AOE/COE).

WORKERS' COMPENSATION APPEALS BOARDCALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMLegally UninsuredSTATE COMPENSATION INSURANCE FUNDClaims AdministratorOPINION AND DECISION AFTER RECONSIDERATIONGovernment Code section 21166collateral estoppelindustrial causationarising out of and in the course of employment
References
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