Regents of University of California v. Workers' Compensation Appeals Board

Opinion

STRANKMAN, P. J.

The University of California Board of Regents petitions for review of a Workers’ Compensation Appeals Board (WCAB) decision awarding the applicant, a university police officer trainee, full salary in lieu of workers’ compensation disability payments pursuant to Labor Code section 4806.

1

We granted review because the WCAB misinterpreted the applicable statutes.

[1103]

On July 12, 1991, the university hired the applicant, Cathleen Oberhoffer, as a police officer. Three days later, she began her training at the Napa Regional Academy. On August 30, 1991, she injured both legs (shin splints) while performing the physical agility test. She left the academy in November because of her injury. In March 1992, she returned to the university police department and was given light work in the investigations unit and evidence room. Because she had not graduated from the police academy, she was given no law enforcement duties, that is, she was not allowed to go on patrol, make arrests or take part in other police actions. Her police identification card was replaced with a civilian identification card. In September 1992, the applicant failed another attempt to complete the physical agility test, and in so doing she reinjured her legs. She never did complete the training and graduate from the police academy.

The applicant filed workers’ compensation claims for the August 1991 and September 1992 injuries, and she sought full salary under Labor Code section 4806. Following a hearing on the claims, the workers’ compensation judge found that the applicant was a member of the University of California Police Department whose principal duties consisted of active law enforcement and that she was entitled to a leave of absence while temporarily disabled without loss of salary for a period not exceeding one year, less credit for temporary disability payments received. The WCAB denied the university’s petition for reconsideration.

Labor Code section 4806 provides, in substance, that an injured university police officer engaged in active law enforcement may be entitled to a leave of absence while disabled without loss of salary, in lieu of workers’ compensation disability payments, for a period not exceeding one year. (See fn. 1,