Department of Corrections & Rehabilitation v. State Personnel Board

INTRODUCTION

In this case, we consider whether the Public Safety Officers Procedural Bill of Rights Act (the Act) (Gov. Code, § 3300 et seq.) excepts internal workers’ compensation fraud investigations from the one-year limitations period established in section 3304, subdivision (d)(1). We conclude it does and affirm the judgment.

BACKGROUND

The parties do not dispute the relevant facts of this case. On August 8, 2008, Stephanie Tapia, the retum-to-work coordinator at Centinela State Prison (prison), sent the prison’s warden, Michael A. Smelosky, a memo requesting corrections sergeant Moisés Moya be investigated for workers’ compensation fraud. In the memo, Tapia stated Moya had filed a workers’ compensation claim on May 5, 2008, indicating he injured his right wrist at work when a coworker inadvertently closed it in a door. Two days later, a doctor at an industrial health care center evaluated Moya and diagnosed him with a right wrist contusion. On June 12, 2008, a hand specialist evaluated Moya and diagnosed him with a fractured right wrist. As of a result of the injury, Moya was unable to work. However, someone subsequently informed Tapia that Moya was seen working…