County Of Orange, Permissibly Self- Insured. Adjusted By Southern California Risk Management Lawrence Moore WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAWRENCE MOORE, Applicant,vs.COUNTY OF ORANGE, Permissibly Self- Insured. Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT, Defendant.Case No. ADJ 2437239OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Amended Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on April 23, 2009, wherein the WCJ found that applicant, w-hile employed as a sheriffs special officer (Deputy Sheriff II) from 1980 through October 16, 2006, sustained industrial injury to his spine, bilateral knees, and left shoulder. The WCJ also found that applicant is temporarily totally disabled from June 7, 2007 to the present and continuing, and that he is entitled to Labor Code section 48501 benefits for a period of one year beginning on June 7, 2007. Defendant contended that applicant is not entitled to section 4850 benefits for a period of total temporary’ disability occurring after his retirement, arguing that he had retired nearly 6 months earlier and that it is improper to award section 4850 benefits after an applicant has already retired. Specifically, defendant argued that (1), the plain language of section 4850(a) precludes applicant from receiving benefits for a period of temporary’ disability occurring nearly 6 months after he 1 Unless otherwise staled, all further statutory references are to the Labor Code. , voluntarily retired; (2). in order for an otherwise eligible safety officer to be entitled to section 4850 benefits, there would have to be a job from which a “leave of absence” could be taken so that there would be no “loss of salan *; and (3), the WCJ should
Lawrence Moore vs. County Of Orange, Permissibly Self- Insured. Adjusted By Southern california Risk Management
This case is about a worker, Lawrence Moore, who was employed as a Sheriff's Special Officer from 1980 to October 16, 2006. He sustained an industrial injury to his spine, bilateral knees, and left shoulder. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to further study the factual and legal issues in the case. The court found that Moore was entitled to Labor Code section 48501 benefits for a period of one year beginning on June 7, 2007, as he had not voluntarily removed himself from the labor market and was not receiving disability retirement benefits. The court affirmed the April 23, 2009 Amended Findings and Award.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2437239
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