The California Supreme Court agreed to hear
oral arguments on one of Mastagni Holstedt, APC's workers compensation cases. At
issue in the case is whether a permanent peace officer is entitled to the
maximum temporary disability benefit as a result of an on the job
injury.
Officer John Larkin was injured in a motor vehicle accident
in November of 2008 while employed as an active police officer with the City of
Marysville. He received benefits under Labor code section 4850 which expired. He
then received temporary disability benefits. The temporary disability benefits
are paid at two thirds the weekly earning rate. Officer Larkin's weekly earnings
were $1008 resulting in a $671 weekly temporary disability benefits
rate.
However, Labor Code section 4458.2 states temporary disability
benefits are paid at the maximum statutory rate for eligible peace officers. The
maximum rate in 2008, the time of the case, was $916 per week. Labor Code
section 4458.2 makes reference to Labor Code section 3362 which defines who is
eligible for the maximum benefit. Labor Code section 3362 states that every
person registered as an active police officer shall be considered an employee of
the municipality he or she works for.
Labor Code section 3362 has
evolved over time. Originally the language included only men and specified the
peace officer had to be a volunteer to receive the maximum benefit. However, the
California State Legislature in 1989 modernized the statute including both
genders and removing the word "volunteer." This evidences the intent of the
legislature to provide maximum benefits to all peace officers.
Officer
Larkin challenged the lower compensation rate in front of the Workers'
Compensation Appeals Board. He argued he was entitled to the full $916 per week
rather than the $671 per week. The Workers' Compensation Appeals Board argued
that since Labor Code section 3362 only applied to volunteer peace officers,
Officer Larkin was not entitled to the maximum temporary disability benefit. On
appeal, the California Court of Appeal for the Third District upheld the
Workers' Compensation Appeals Board determination.
Mastagni Holstedt, APC
appealed the decision to the California Supreme Court. In its briefs, the firm
argues all officers, regardless of status, are entitled to maximum benefits.
This is the clear language of the statute which must be followed by the court
system. By reading extra terms into the statute, the Court of Appeal created an
absurd result which harms peace officers across the state.
Oral argument
for the case will be held on September 2, 2015 at 9 AM in San Francisco. The
case will be argued by Mastagni Holstedt, APC attorney Brian A. Dixon. Mastagni Holstedt, APC attorney Gregory G. Gomez assisted in drafting the briefing materials
for the case.
