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

Case No. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
Case No. ADJ3875296 (SRO 0140946)
Regular
Sep 28, 2009

Corey Murphy vs. BLUE MOUNTAIN AIR, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether employer salary continuation payments count towards the two-year temporary disability cap under Labor Code section 4656(c). The Appeals Board granted reconsideration because the record was incomplete regarding the nature of the salary continuation. Specifically, the Board requires further development of evidence to determine if these payments were made under a collective bargaining agreement or formal company policy. The matter is returned to the trial level for these determinations and a new decision.

Temporary DisabilityLabor Code section 4656(c)Salary ContinuationPetition for ReconsiderationFindings and AwardIndustrial InjuryStaph InfectionRight Lower ExtremityCollective Bargaining AgreementFormal Company Policy
References
Case No. ADJ9126761
Regular
Jul 28, 2014

Jennifer James vs. CITY OF SANTA ROSA, Permissibly Self-Insured, Administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns Jennifer James, a police officer injured on duty, who sought additional benefits under Labor Code Section 4850. The core dispute is whether Section 4850 benefits, providing a leave of absence without loss of salary for up to one year, should be paid for a calendar year or until the equivalent of a full year's salary has been received. The majority affirmed the WCJ's decision, ruling that the one-year limitation is based on the duration of payments, not the total salary amount. A dissenting opinion argued that the intent of Section 4850 is to ensure no loss of salary, thus allowing benefits to continue until the equivalent of a full year's salary is paid, especially for injured public safety officers.

Labor Code section 4850temporary partial disabilitymodified dutiespolice officerwage loss benefitssalary continuationaggregate disability paymentsEason v. City of RiversideKosowski v. Workers' Comp. Appeals Bd.County of Alameda v. Workers' Comp. Appeals Bd.
References
Case No. ADJ104530 (OAK 0348235)
Regular
Dec 28, 2009

DEE ANN WHITE vs. NEW YORK LIFE INSURANCE CO., FEDERAL INSURANCE COMPANY adjusted by CHUBB SERVICES

The WCJ's October 1, 2009 decision is rescinded due to the defendant not having adequate time to conduct discovery regarding credits for salary continuation and Unum policy payments. The matter is returned for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Total DisabilityTemporary Partial DisabilityAverage Weekly WageTemporary Disability RateCredit for PaymentsUnum Insurance Company policySalary Continuation
References
Case No. ADJ9122601, ADJ9122724
Regular
Jun 20, 2014

WENDY SHALVOY vs. WARNER BROTHERS HOME ENTERTAINMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision, holding that a separation agreement did not bar the applicant from receiving temporary total disability benefits. The WCAB found that the payments under the separation agreement were not salary continuation and that such agreements cannot waive workers' compensation benefits. The case was returned to the WCJ to issue an order for temporary total disability benefits from September 17, 2013, to the present, without credit for severance payments.

Petition for RemovalPetition for ReconsiderationTemporary Total DisabilitySeparation AgreementSalary ContinuationLabor Code Section 4650Severance PaymentsJob EliminationInvoluntary TerminationDouble Recovery
References
Case No. SFO 0486173
Regular
Mar 21, 2008

PEGGY SHOMAKER vs. TOWN OF HILLSBOROUGH, THE CITIES GROUP

The Workers' Compensation Appeals Board denied reconsideration, affirming the prior award using the 1997 disability schedule. The Board found that the employer provided proper notice under Labor Code section 4061, even though the applicant received Labor Code section 4850 salary continuation benefits instead of traditional temporary disability. This notice requirement, as interpreted by the Board, dictated the application of the older disability rating schedule for pre-2005 injuries.

Labor Code section 4850Permanent DisabilityTemporary DisabilityLabor Code section 4061Labor Code section 4660(d)ReconsiderationFindings and AwardSalary continuationModified dutyFull duty
References
Case No. ADJ6905360
Regular
Feb 03, 2011

Raymond Ojeda vs. County of San Mateo, Northern Claims Management

The defendant sought reconsideration of a finding that Labor Code section 4656(c)(1)'s 104-week temporary disability limit began March 23, 2010. The defendant argued salary continuation benefits under Labor Code section 4850 should not count towards this limit. The Workers' Compensation Appeals Board denied the petition for reconsideration, adopting the administrative law judge's report. The Board also dismissed a separate petition for reconsideration because no final decision had yet been issued in that case.

Workers' Compensation Appeals BoardLabor Code section 4656(c)(1)temporary disability indemnitysalary continuationLabor Code section 4850Findings and Awardpetition for reconsiderationWCJReport and Recommendationaggrieved party
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. ADJ506009 (LBO 0298073) MF ADJ202202 (LBO 0323364) ADJ4697978 (LBO 0332965)
Regular
May 26, 2017

MELISSA ARNSON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to Applicant Melissa Arnson, reversing the Administrative Law Judge's (ALJ) finding that the WCAB lacked jurisdiction over salary continuation disputes. The WCAB held that it does have jurisdiction under Labor Code section 4851 to determine if an employee received the correct amount of section 4850 benefits. The case was returned to the trial level for further proceedings to decide Applicant's claim of not receiving the full compensation due from three industrial injuries. This decision clarifies that the WCAB can enforce payment of benefits agreed upon in stipulations and awards.

Labor Code section 4850Labor Code section 4851Petition for ReconsiderationPetition for RemovalJurisdictionSalary ContinuationStipulated AgreementsIndustrial InjuriesSenior District Attorney InvestigatorWCAB
References
Case No. ADJ198279 (VNO 0510947) ADJ3495790 (VNO 0506075)
Regular
May 04, 2009

MICHAEL BONNER vs. CITY OF LOS ANGELES; permissibly self-insured, administered by TRISTAR RISK MANAGEMENT

This case involves a firefighter, Michael Bonner, seeking workers' compensation benefits. The defendant, City of Los Angeles, sought reconsideration of a prior award granting temporary disability (TD) benefits and a penalty for unreasonable delay. The Appeals Board denied the reconsideration, holding that Labor Code section 4850 salary continuation benefits for firefighters are distinct from temporary disability and do not count against the two-year TD limit under Labor Code section 4656(c)(1). The Board affirmed the penalty, finding the City's attempt to conflate these benefits to limit TD payments unreasonable.

Labor Code section 4850Labor Code section 4656(c)(1)temporary disabilitysalary continuationInjury on Duty (IOD) timefirefighterCity of Los Angelescollective bargaining agreementWCJpetition for reconsideration
References
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