WCAB

The City of Sacramento (the City) seeks a writ of review to overturn a decision of the Workers’ Compensation Appeals Board (the Board) which held that an employee, Eric Saylors, was eligible as a “fire recruit” for enhanced benefits under Labor Code section 4850.

Section 4850 provides for a leave of absence at full salary in lieu of temporary disability payments for public safety employees, including firefighters, who become disabled in the course of employment. The City contends fire recruits do not engage in firefighting and are not entitled to section 4850 benefits. We agree and will annul the Board’s order.

Factual and Procedural Background

On April 21, 1998, Eric Saylors injured his back during a training exercise as a “fire recruit” for the City. The City acknowledged compensability, furnished medical treatment and paid Saylors temporary disability benefits while he was disabled. Saylors applied for benefits under section 4850; they were denied, and he applied to the Board for an adjudication of his claim. The salient facts determined at the hearing are not in dispute.

The City’s personnel job description provides that a “fire recruit” is one who “attend[s] and…