County of Alameda v. Workers' Compensation Appeals Board

Good Law
151 Cal. Rptr. 3d 920·2013 Cal. App. LEXIS 65·213 Cal. App. 4th 278·2013 WL 342670·78 Cal. Comp. Cases 81
Court of Appeal of CaliforniaJanuary 30, 2013No. A135889California2,967 words

Opinion

Lead Opinion

Reardon, J.

The question in this workers’ compensation matter is whether salary continuation benefits paid to an injured public safety officer count toward a 104-week limit on payments for an injury causing temporary disability. We conclude the answer is “yes.”

BACKGROUND

On September 13, 2009, Bryan Knittel injured his knee while working as an Alameda County Deputy Sheriff. Knittel was unable to perform his duties after the injury, and the County of Alameda (County) paid disability benefits from the date of his injury.

Knittel was classified as temporarily disabled for over two years. For the first year Knittel was disabled, the County paid him benefits pursuant to Labor Code 1 section 4850. Under that section, public safety officers who are disabled in the course of their duties are entitled to a leave of absence without loss of salary for up to one year. After the first year passed, the County paid Knittel “regular” temporary disability indemnity benefits for another year.

The County then ceased to pay temporary disability indemnity, citing the 104-week limit on aggregate disability payments for an injury causing temporary disability. (§ 4656, subd. (c)(2).)

*282 Knittel…

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