CompFox AI Summary
The WCAB affirmed the finding of industrial psyche injury for a police officer, holding the employer's arguments regarding insufficient medical evidence unpersuasive as the QME considered applicant's stressors. The Board rescinded the prior award, ruling the applicant was entitled to leave of absence without loss of salary (Labor Code section 4850) until January 15, 2015, when he consented to retirement, due to the employer's premature disability retirement application and the applicant not being permanent and stationary. This decision was based on Government Code section 21164, which prohibits involuntary retirement before the termination of section 4850 benefits or attainment of permanent and stationary status. The applicant was awarded accrued section 4850 benefits totaling $54,135.51 and future medical treatment.
Full Decision Text1 Pages
The WCAB affirmed the finding of industrial psyche injury for a police officer, holding the employer's arguments regarding insufficient medical evidence unpersuasive as the QME considered applicant's stressors. The Board rescinded the prior award, ruling the applicant was entitled to leave of absence without loss of salary (Labor Code section 4850) until January 15, 2015, when he consented to retirement, due to the employer's premature disability retirement application and the applicant not being permanent and stationary. This decision was based on Government Code section 21164, which prohibits involuntary retirement before the termination of section 4850 benefits or attainment of permanent and stationary status. The applicant was awarded accrued section 4850 benefits totaling $54,135.51 and future medical treatment.
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