City of Sebastopol v. Workers' Compensation Appeals Board

*1201 Opinion

Labor Code section 4658 1 contains several formulas for determining the number of weeks permanent disability benefits are payable for industrial injuries. In 2004, section 4658(d) was added to the code. Section 4658(d)(2) and (3) 2 create incentives for employers of 50 persons or more to timely offer a return to work for an injured employee after his or her disability has become permanent and stationary. Pursuant to section 4658(d)(2), permanent disability payments are to be increased by 15 percent if the employer does not offer the injured employee regular, modified, or alternative work within 60 days of the disability becoming permanent and stationary. Pursuant to section 4658(d)(3)(A), permanent disability payments are to be decreased by 15 percent if the employer does offer that injured employee regular, modified, or alternative work, regardless of whether the employee accepts or rejects the offer.

*1202 Petitioner City of Sebastopol (City), “permissibly self-insured and administered by the Redwood Empire Insurance Fund,” seeks writ review of the denial by the Workers’ Compensation Appeals Board (WCAB) of City’s petition for reconsideration of an order by the…