Fenn
Fenn v. Workers' Compensation Appeals Board
Opinion
lead Opinion
Leary, J.
James Fenn (Fenn), a firefighter for the City of Anaheim (City), seeks a writ of review after the Workers’ Compensation Appeals Board (WCAB or Board) denied his petition for reconsideration. There were no factual disputes to be resolved by the WCAB. Both Fenn and the City admitted Fenn was a fire engineer for the City who lost time from work because of an industrial injury.
Firefighters who suffer industrial injury are entitled to a leave of absence “without loss of salary in lieu of temporary disability payments.” (Lab. Code, § 4850, subds. (a) & (b)(2).) 1 The leave of absence is for the period of disability not exceeding one year. (Ibid.)
Fenn claimed entitlement to federal Fair Labor Standards Act (FLSA) benefits as part of his section 4850 pay. 2 Under FLSA, a formula for determining maximum hours for firefighters is provided. For any work in excess of the maximum hours, the employee must be compensated “at a rate not less than one and one-half times the regular rate at which he is employed.” ( 29 U.S.C.A. § 207 (k)(2).)
All parties agree that had Fenn worked his normally scheduled hours he would have received FLSA pay. The City contends because Fenn was off work…