Charles v. Workers' Compensation Appeals Board

Opinion

SEYMOUR, J.

*

Petitioner Brian Charles sustained physical and emotional injuries while employed as a civilian paramedic for the City of Santa Ana. He maintains he was statutorily entitled to a leave of absence without loss of salary in lieu of the less generous temporary disability benefits he received. We agree.

The facts are not seriously disputed. Charles sustained an industrial injury to his heart and psyche and was awarded permanent disability of 14.2

[783]

percent without apportionment to nonindustrial causes. However, the workers’ compensation judge also determined Charles did not qualify for the special statutory treatment reserved for “firefighters” and awarded total temporary disability at the reduced rate of $224 per week (rather than full salary) for the period September 22, 1985, to June 26, 1986. The appeals board affirmed. We conclude Charles was a firefighter within the meaning of the statute and annul the board’s order.

The governing statute provides enhanced benefits for firefighters as follows: “Whenever any . . . city, county, or district firefighter ... is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled . . . to leave of absence while so disabled without loss of salary in lieu of temporary disability payments, if any, which would be payable .... This section shall apply only to . . . city, county, or district firefighters . . . and excludes the employees of the city fire department, county fire department, and of any fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. . . .” (Lab. Code, § 4850.) The workers’ compensation judge and the appeals board denied Charles’s request for full salary after concluding his duties consist “primarily [of] rendering medical care” and do not involve “active firefighting.” Charles urges the statute should be liberally construed to cover him because he operates from the fire station, wears a fireman’s “turnout” gear, has some of the same training as firefighters and has job duties (e.g., first aid and lifesaving) which overlap (in part) a firefighter’s duties.