COUNTY OF FRESNO/SHERIFF’S DEPARTMENT and YORK INSURANCE SERVICES PATRICK O’BRIEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICK O’BRIEN, Applicant,vs.COUNTY OF FRESNO/SHERIFF’S DEPARTMENT and YORK INSURANCESERVICES, Defendants.Case No. ADJ1371452 (FRE 0216183)OPINION AND DECISION AFTER REMITTITUR The following Decision After Remittitur is issued pursuant to the remittitur to the Workers’ Compensation Appeals Board (“WCAB”) by the Fifth District Court of Appeal, filed October 28, 2011, in which the Court certified that its decision of August 26, 2011 had become final. Therein the Court annulled the WCAB’s Order Denying Reconsideration of June 30, 2010,1 and the Court remanded this matter to the WCAB to reconsider its decision in light of Baker v. Workers’ Comp. Appeals Bd. (2011) 52 Cal.4th 434 [76 Cal.Comp.Cases 701] (“Baker”). In Baker, the Supreme Court concluded that the Legislature intended the COLA authorized by Labor Code section 4659(c) to be calculated and applied prospectively commencing on the January 1 following the date on which the injured worker first becomes entitled to receive, and actually begins receiving, such benefit payments, i.e., the permanent and stationary date in the case of total permanent disability benefits, and the date on which partial permanent disability benefits become exhausted in the case of life pension payments. The instant case is one of total permanent disability. In addition, the Minutes of Hearing of March 16, 2010 include the stipulations that applicant became permanent and stationary on April 26, 2008, and that applicant began receiving permanent disability advances on that date. These stipulations _______________________________________________1 The Order Denying Reconsideration of June 30, 2010 was signed by James C. Cuneo, but he is no longer a member of the WCAB, and it was necessary to assign a new panel member in his place. , were adopted in the first Finding of Fact
