Regents of University of California v. Workers' Compensation Appeals Board

The University of California Board of Regents petitions for review of a Workers’ Compensation Appeals Board (WCAB) decision awarding the applicant, a university police officer trainee, full salary in lieu of workers’ compensation disability payments pursuant to Labor Code section 4806. We granted review because the WCAB misinterpreted the applicable statutes.

On July 12, 1991, the university hired the applicant, Cathleen Oberhoffer, as a police officer. Three days later, she began her training at the Napa Regional Academy. On August 30, 1991, she injured both legs (shin splints) while performing the physical agility test. She left the academy in November because of her injury. In March 1992, she returned to the university police department and was given light work in the investigations unit and evidence room. Because she had not graduated from the police academy, she was given no law enforcement duties, that is, she was not allowed to go on patrol, make arrests or take part in other police actions. Her police identification card was replaced with a civilian identification card. In September 1992, the applicant failed another attempt to complete the physical agility test,…