Burns

In this proceeding we review an order reversing a decision of the Rehabilitation Bureau (Bureau) that awarded retroactive vocational rehabilitation temporary disability indemnity (VRTD) to a retired Los Angeles County (County) deputy sheriff. We are presented with the issue whether a county may refuse to provide VRTD to an industrially injured public safety worker because the worker receives a County Employees Retirement Law (CERL) (Gov. Code, § 31450 et seq.) disability pension and a Public Employees’ Retirement System (PERS) service pension that was earned solely as a result of former employment by a city. We conclude that the employee’s entitlement to and receipt of both pensions does not relieve the county of its obligation to provide VRTD.

Applicant was employed by the City of Lynwood (City) as a police officer from July 1, 1957, to May 1, 1977, and had a vested right to a PERS service pension as a result of his employment by City.

On May 1, 1977, City contracted with County to perform police services for County. As a result, applicant became a County deputy sheriff. During the May 1, 1977, to June 23, 1983, period of applicant’s employment as a deputy sheriff,…