California Highway Patrol v. Workers' Compensation Appeals Board

We granted the petition in this workers’ compensation proceeding to decide two issues which apparently have not been spoken to before, The first is, where it is shown the workers’ compensation judge who originally rendered the decision is unavailable due to the termination of his annuitant appointment, may the Workers’ Compensation Appeals Board (Board) act on a petition for reconsideration without referring the petition to the workers’ compensation judge who originally rendered the decision. We will hold that the Board can act. The second is whether the language “commencing with the last date actually worked” as used in Labor Code section 3212.5 refers to the same date as “termination of service” for the purpose of determining the period during which the presumption of compensability continued after a state highway patrolman discontinued his employment. We will hold that the two terms do not have the same meaning and will annul the order.

Facts and Procedural History

The facts are not in dispute. Jerald Clark commenced his employment as a California Highway Patrol Officer on December 5, 1966, and retired from service on August 6, 1981. However, the last day he actually…