City Of Glendale, Permissibly Self- Insured and Self-Administered, Charles Follett WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES FOLLETT, Applicant,vs.CITY OF GLENDALE, Permissibly Self- Insured and Self-Administered, Defendant.Case No. ADJ3894154OPINION AND ORDE DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of our Opinion and Order Granting Reconsideration and Decision After Reconsideration issued on April 12, 2010, wherein we granted reconsideration and amended the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on January 19. 2010. In the January 19, 2010 decision, the WCJ found that applicant’s injury caused temporary’ disability from August 8, 2000 through September 19. 2000. and from December 30, 2000 through November 16, 2001. pursuant to Labor Code section 4850,1 and from November 17. 2001 to November 14, 2002, pursuant to section 4661.5. Previously, applicant’s service pension was converted to an industrial ^disability retirement pension retroactive to his last day worked on December 29, 2000. In our April 12, 2010 decision, we granted reconsideration and amended the January 19, 2010 Findings and Award to reflect that applicant is not entitled to section 4850 benefits after the effective date of his disability retirement. Applicant contends wc erred in finding that section 4853 bars him from receipt of section 4850 benefits after the effective date of his disability- retirement, arguing that his right to leave of absence benefits is a fundamental right which had vested. Applicant also argues that he is entitled to section 4850 benefits until his actual receipt of disability pension payments. 1 Unless otherwise slated, all further statutory references are to the Labor Code , We have reviewed and considered Ihe current petition for reconsideration, the answer, and the entire record in this case – as well as all of the arguments previously made. For t
Charles Follett vs. City of Glendale: Self-Insured Case Overview
In this case, Charles Follett sought reconsideration of an Opinion and Order Granting Reconsideration and Decision After Reconsideration issued on April 12, 2010, wherein the Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award issued by the workers' compensation administrative law judge on January 19, 2010. The Board denied the petition for reconsideration, finding that Follett was not entitled to section 4850 benefits after the effective date of his disability retirement, as his right to leave of absence benefits had vested and he was barred from receiving section 4850 benefits after the effective date of his disability retirement.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3894154
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.