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Jennifer James vs. City Of Santa Rosa Permissibly Self-insured Administered By Redwood Empire Municipal Insurance Fund

CITY OF SANTA ROSA Permissibly Self-Insured Administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND JENNIFER JAMES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJENNIFER JAMES, Applicant,vs.CITY OF SANTA ROSA, Permissibly Self-Insured, Administered by REDWOOD EMPIREMUNICIPAL INSURANCE FUND, Defendants.Case No. ADJ9126761(Santa Rosa District Office)OPINION AND ORDERDENYING PETITIONFOR RECONSIDERATION            Applicant, Jennifer James, seeks reconsideration of the Findings and Order, issued May 13, 2014, in which a workers’ compensation administrative law judge (WCJ) denied applicant’s claim for additional Labor Code section 4850 benefits for the period in which she was temporarily partially disabled and was temporarily working part-time modified duties as a result of her September 4, 2012 industrial injury to her back while employed as a police officer by the City of Santa Rosa. The WCJ concluded defendant’s obligation to pay applicant section 4850 benefits included partial payments made while applicant worked part-time modified duties.            Applicant contests the WCJ’ s determination that she is not entitled to receive additional section 4850 wage loss benefits in lieu of temporary disability payments, where defendant paid partial benefits for a calendar year but did not pay applicant the equivalent of her full salary within that period. Applicant contends that she is entitled to receive continuing section 4850 benefits until she has received the equivalent of a full year of salary, or 2080 hours of work.            Defendant has filed an answer to applicant’s petition1, and the WCJ has prepared a Report and 1 Defendant’s answer fails to include the California State Bar membership number for the attorney filing the answer. Defendant’s attorney is reminded that Rule 10205.12(a)(4) requires that all non-form legal pleadings contain a heading that includes the State Bar membership number for the filing attorney. (Cal. Code Regs., tit. 8, § 10205.12, s

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