Biggers

Biggers v. Workers' Compensation Appeals Board

Good Law
1999 Cal. App. LEXIS 47·69 Cal. App. 4th 431·81 Cal. Rptr. 2d 628·99 Daily Journal DAR 717·64 Cal. Comp. Cases 19
Court of Appeal of CaliforniaJanuary 21, 1999C029160California3,323 words

Opinion

Opinion

Morrison, J.

Joezita Biggers petitions for a writ of review, seeking to overturn a decision of the Workers’ Compensation Appeals Board (the Board) that found she was not eligible for benefits under Labor Code section 4850. Labor Code section 4850 provides for a leave of absence at full salary for certain employees of a sheriff’s office who become disabled in the course of employment. Biggers contends that as a courtroom bailiff, her functions clearly came within the scope of active law enforcement, entitling her to those benefits. We agree and annul the order.

Factual and Procedural Background

In December 1994, Biggers was employed by Sutter County (the County) as a correctional officer and sustained injuries to her cervical spine. When the County would pay only temporary disability rather than granting her a leave of absence at full pay, she applied to the Board for an adjudication of her claim.

At the hearing, Biggers testified she worked as a deputy sheriff; her assignment was courtroom bailiff. She was a sworn peace officer and carried a gun and a badge.

Joann Dobelbower was a personnel analyst for the County. She administered job classifications. She testified Biggers’s job…

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