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

Case No. ADJ4639392 (SDO 0292761)
Regular
Aug 31, 2010

LISA FOWLER vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, LIBERTY MUTUAL

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that Automobile Club of Southern California discriminated against Lisa Fowler under Labor Code section 132a. The Board found Fowler failed to establish a prima facie case of discrimination because her termination resulted from her failure to return to work after being released by her physician, in accordance with a uniformly applied company attendance policy. The employer's witness testified that work-related and non-work-related leaves were treated the same. Therefore, Fowler was not singled out for disadvantageous treatment compared to similarly situated employees.

Labor Code 132aDiscriminationReinstatementLost WagesWork BenefitsPrima Facie CaseAttendance PolicyUniformly AppliedTemporary DisabilityPermanent and Stationary
References
Case No. ADJ10296423
Regular
Jan 30, 2020

SEYED NAVID MOUSAVIRAD vs. LAFAYETTE PARK HOTEL AND SPA, LIBERTY MUTUAL

The Workers' Compensation Appeals Board affirmed the original decision finding no violation of Labor Code section 132a. The applicant failed to establish a prima facie case of discrimination because there was no evidence the employer knew about a work-related injury or the intent to file a claim. The applicant was on medical leave for an unrelated condition and terminated after exhausting that leave. The Board clarified that the applicant takes nothing on his claim, rather than it being dismissed on procedural grounds.

Labor Code section 132adiscriminationretaliationworkers' compensation claimprima facie caselegal rightemployer dutyindustrial injuryadverse consequencesmedical leave
References
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. ADJ7298811
Regular
Dec 21, 2012

JONATHAN WYCINSKY vs. CITY OF CITRUS HEIGHTS, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC.

Here's a concise summary for a lawyer: Applicant, a police officer, sustained an industrial shoulder injury and was initially paid full salary under Labor Code § 4850. He later voluntarily resigned for financial reasons unrelated to his injury to accept a position with another city. The Board found that a voluntary, non-medical resignation terminates the employment relationship required for a § 4850 leave of absence. Therefore, the defendant is not liable for continued full salary payments post-resignation, despite the applicant remaining employed as a police officer elsewhere.

Labor Code section 4850police officervoluntary resignationnonmedical reasonsleave of absencefull salarytemporary disabilityindustrial injurytermination of employmentCity of Citrus Heights
References
Case No. ADJ3434154
Regular
Mar 28, 2011

GARY ZIMMERMAN vs. LEPRINO FOODS, INC., MATRIX ABSENCE MANAGEMENT COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.

Labor Code section 132aLeprino FoodsMatrix Absence Management CompanyGary ZimmermanBrian Belanger D.C.permanent and stationary reportunion grievanceArbitratorback payreinstatement
References
Case No. ADJ6719136
Regular
Apr 01, 2011

RICHARD KITE vs. EAST BAY MUNICIPAL UTILITY DISTRICT

This case concerns Richard Kite's claim for workers' compensation for a hip injury sustained while employed by East Bay Municipal Utility District. The Workers' Compensation Appeals Board (WCAB) reconsidered an order mandating the employer restore applicant's sick and vacation leave at a higher rate tied to his later earnings. The WCAB found insufficient evidence to justify using the increased earnings for calculating leave restoration, as per *Grossmont Hospital v. WCAB*. Therefore, the WCAB amended the order to restore leave at the rate of $668.93 per week, based on the applicant's earnings at the time of the initial injury.

Petition for ReconsiderationTemporary Total DisabilityTD RateSick LeaveVacation LeaveEmployment Development DepartmentEDDWCJFindings of FactLabor Code
References
Case No. ADJ3474065 (SFO 0502322)
Regular
Jun 29, 2011

LINDA R. CARDOZO vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, PSI, Administered By TRISTAR RISK MANAGEMENT

The applicant sought reconsideration of the denial of temporary disability and salary continuation benefits for a period of personal leave. The Board denied reconsideration, adopting the WCJ's report which found the applicant failed to meet her burden of proof. Specifically, the applicant lacked medical evidence establishing temporary disability during her leave, and the Agreed Medical Evaluator did not opine on disability for that specific period. Furthermore, the request to re-open discovery for supplemental medical opinions was denied due to lack of good cause and prior notice of the dispute.

Workers' Compensation Appeals BoardPetition for ReconsiderationSan Francisco Unified School DistrictTristar Risk Managementtemporary disabilitysalary continuationleave of absenceAgreed Medical EvaluatorDr. Allan Kippermandiscovery
References
Case No. ADJ9668616
Regular
Oct 05, 2015

FREDRICK KEPLINGER vs. CITY OF UKIAH

The WCAB affirmed the finding of industrial psyche injury for a police officer, holding the employer's arguments regarding insufficient medical evidence unpersuasive as the QME considered applicant's stressors. The Board rescinded the prior award, ruling the applicant was entitled to leave of absence without loss of salary (Labor Code section 4850) until January 15, 2015, when he consented to retirement, due to the employer's premature disability retirement application and the applicant not being permanent and stationary. This decision was based on Government Code section 21164, which prohibits involuntary retirement before the termination of section 4850 benefits or attainment of permanent and stationary status. The applicant was awarded accrued section 4850 benefits totaling $54,135.51 and future medical treatment.

PSYCHE INJURYLABOR CODE SECTION 4850PERMANENT AND STATIONARY STATUSGOVERNMENT CODE SECTION 21164INDUSTRIAL DISABILITY RETIREMENTGOOD FAITH PERSONNEL ACTIONSSUBSTANTIAL EVIDENCEPANEL QUALIFIED MEDICAL EVALUATORTEMPORARY DISABILITYLEAVE OF ABSENCE WITHOUT LOSS OF SALARY
References
Case No. OAK 0313334
Regular
Feb 26, 2008

NICOLE ROLLICK vs. MT. DIABLO UNIFIED SCHOOL DISTRICT, CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP

The Workers' Compensation Appeals Board denied the School District's petition for reconsideration, upholding the administrative law judge's finding that "Education Code benefits" are distinct from temporary disability benefits under Labor Code section 4656. The Board clarified that Education Code section 44043 integrates these benefits to prevent an injured employee from exceeding their full salary, rather than equating them for the purpose of the 104-week temporary disability limit. Therefore, payments made under the Education Code do not count towards the temporary disability payment cap.

Labor Code section 4656Education Code section 44043temporary disability benefitsPetition for ReconsiderationWCJAppeals Boardindustrial injuryaggregate disability paymentscompensable weekssick leave
References
Case No. ADJ7026270
Regular
Dec 13, 2010

NORRIS COOPER vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding applicant Norris Cooper's temporary disability indemnity rate. The Board affirmed the WCJ's finding that Cooper was entitled to temporary disability at two-thirds of his average weekly earnings ($1,356.06), resulting in a rate of $904.04 per week. The Board found that Education Code sections 44043 and 45192 coordinate leave benefits with temporary disability to maintain full pay but do not limit the actual temporary disability rate itself. Therefore, Cooper's entitlement to temporary disability was not restricted to his base salary.

Workers Compensation Appeals BoardOakland Unified School DistrictJT2 Integrated ResourcesPetition for ReconsiderationTemporary Disability IndemnityLabor Code section 4453Education Code section 44043Classified EmployeeAverage Weekly EarningsBase Salary
References
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