Charles

Charles v. Workers' Compensation Appeals Board

Good Law
1988 Cal. App. LEXIS 798·202 Cal. App. 3d 781·248 Cal. Rptr. 805·53 Cal. Comp. Cases 304
Court of Appeal of CaliforniaJune 30, 1988G006279California1,025 words

Opinion

Opinion

Seymour, J.

Petitioner Brian Charles sustained physical and emotional injuries while employed as a civilian paramedic for the City of Santa Ana. He maintains he was statutorily entitled to a leave of absence without loss of salary in lieu of the less generous temporary disability benefits he received. We agree.

The facts are not seriously disputed. Charles sustained an industrial injury to his heart and psyche and was awarded permanent disability of 14.2 percent without apportionment to nonindustrial causes. However, the workers’ compensation judge also determined Charles did not qualify for the special statutory treatment reserved for “firefighters” and awarded total temporary disability at the reduced rate of $224 per week (rather than full salary) for the period September 22, 1985, to June 26, 1986. The appeals board affirmed. We conclude Charles was a firefighter within the meaning of the statute and annul the board’s order.

The governing statute provides enhanced benefits for firefighters as follows: “Whenever any . . . city, county, or district firefighter ... is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her…

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