CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ3894154
Regular
Apr 12, 2010

CHARLES FOLLETT vs. CITY OF GLENDALE, Permissibly Self-Insured and Self-Administered

This case concerns an applicant seeking workers' compensation benefits who was denied Labor Code section 4850 benefits after the effective date of his industrial disability retirement. The Board previously granted reconsideration and amended an award to reflect that section 4853 bars an employee's right to section 4850 benefits upon retirement. The applicant argued these benefits vested and should continue until actual pension payments were received. The Board denied the petition for reconsideration, affirming that section 4853 prevents receipt of section 4850 benefits after the effective date of a disability retirement under PERS, especially when the retirement was made retroactive.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderGranting ReconsiderationDecision After ReconsiderationFindings and AwardLabor Code Section 4850Temporary DisabilityIndustrial Disability RetirementLabor Code Section 4853
References
2
Case No. ADJ1449820
Regular
Aug 10, 2017

MICHAEL KILLEEN vs. COUNTY OF SAN BERNARDINO

This case concerns an applicant seeking Labor Code Section 4850 benefits, which provide paid leave for disabled peace officers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior finding that the applicant had waived this benefit by not raising it in initial 2013 proceedings. The WCAB held that Section 4851 mandates the Appeals Board to determine Section 4850 benefits in disputed cases. Therefore, the applicant is entitled to Section 4850 benefits, with the amount to be determined by the parties or the WCJ if agreement is not reached.

Labor Code section 4850Peace officer benefitsPetition for reconsiderationFindings Award and OrdersWorkers' Compensation Appeals BoardMandatory settlement conferenceWCJ Report and RecommendationTimely issue raisedPermanent and stationaryVoluntary payment
References
0
Case No. SAC 0359940
Regular
Aug 08, 2008

JENNIFER BLANAS vs. COUNTY OF SACRAMENTO, AIMS

This case affirmed an award of Labor Code section 4850 benefits to a deputy sheriff for an industrial neck injury. The Appeals Board held that section 4850 benefits are distinct from temporary disability benefits, and the applicant was entitled to claim them after receiving temporary disability indemnity. The court also ruled that the defendant employer was entitled to credit retirement advances against the section 4850 benefits.

Workers' Compensation Appeals BoardDeputy SheriffIndustrial InjuryNeck InjuryTemporary Disability IndemnityPermanent Disability AdvancesSection 4850 BenefitsSection 4850.3Retirement AdvancesSection 4458.2
References
4
Case No. ADJ2729327 (LBO 0391418)
Regular
Dec 14, 2010

Shane Haring vs. COUNTY OF LOS ANGELES

This case involved a police trainee injured in 2007 who later became a full-time police officer, a position eligible for Labor Code Section 4850 benefits. The applicant sought Section 4850 benefits for a period of temporary disability in 2009 stemming from the original 2007 injury. The defendant argued these benefits were inapplicable as the applicant was a trainee at the time of the injury. The Workers' Compensation Appeals Board denied the defendant's reconsideration, holding that Section 4850 benefits are determined by the applicant's status at the time of disability, not injury. The Board affirmed the WCJ's finding that the applicant was entitled to these benefits from the period of his 2009 temporary disability.

Labor Code Section 4850Police OfficerPolice TraineeTemporary DisabilityPermanent DisabilityReconsiderationFindings of FactStipulated AwardIndustrial InjuryLeave of Absence
References
12
Case No. ADJ15643990; ADJ13744962
Regular
Aug 27, 2025

Osama Agaiby vs. City of Culver City, Intercare

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration of the Findings and Award (F&A) in two cases involving applicant Osama Agaiby. The F&A had awarded separate Labor Code section 4850 benefits for two injuries with overlapping temporary disability periods. The defendant argued that these benefits should run concurrently. The WCAB rescinded the F&As, holding that section 4850 benefits run concurrently when an applicant is on disability due to the combined effect of multiple injuries. The issues of temporary disability and section 4850 benefits were deferred, and the matters were returned to the trial level for adjustment.

Labor Code section 4850aggregate disability paymentsoverlapping temporary disabilityconcurrent benefitssalary continuationcumulative traumaspecific injurypolice officerWorkers' Compensation Appeals BoardPetition for Reconsideration
References
4
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
5
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
10
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
2
Case No. FRE 0247129
Regular
May 16, 2008

Joseph Jimenez vs. KINGS COUNTY (PROBATION DEPARTMENT), Innovative Claims Solutions, Inc.

The Workers' Compensation Appeals Board granted reconsideration to determine the proper rate for Labor Code section 4850 benefits. The Board held that section 4850 benefits should be paid at the rate of salary lost due to disability, not the applicant's higher salary at the time of injury before a demotion. Therefore, the applicant will receive benefits based on his reduced salary during the period of his temporary disability.

Labor Code section 4850Expedited HearingIndustrial InjuryRight ShoulderBicepsNeckDisability BenefitsEarning CapacityDemotionSalary Rate
References
11
Case No. ADJ17819410; ADJ17819411
Regular
Jul 07, 2025

GUILHERME GUIMARAES vs. COUNTY OF LOS ANGELES, SEDGWICK

Defendant County of Los Angeles sought reconsideration of a Joint Findings and Award issued on March 18, 2025, by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ had ruled that applicant Guilherme Guimaraes was entitled to separate salary continuation benefits under Labor Code section 4850 for two distinct injuries, even if some periods of disability overlapped. The defendant contended that the WCJ erred in awarding a separate period of benefits, arguing that the existence of common body parts between claims should disqualify the applicant from additional benefits once the initial 52 weeks were paid. The Workers' Compensation Appeals Board, after reviewing the arguments and the WCJ's report, denied the petition for reconsideration. The Board affirmed the WCJ's reasoning, emphasizing that entitlement to Section 4850 benefits is determined by the time period and reason for disability per claim, consistent with wage replacement policy, rather than merely by overlapping body parts.

Labor Code section 4850Salary continuation benefitsCumulative traumaSpecific injuryOverlapping disabilityConcurrent disabilityWage replacementTemporary total disabilityFoster v. Workers' Comp. Appeal Bd.Joint Findings and Award
References
4
Showing 1-10 of 9,835 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational