County of Nevada v. Workers' Compensation Appeals Board

Opinion

ROBIE, Acting P. J.

Labor Code section 4850 guarantees certain public safety employees who are disabled from an on-the-job injury “a leave of absence while so disabled without loss of salary in lieu of temporary disability payments.” (Lab. Code, 1 § 4850, subd. (a).) The question here is whether this section applies to guarantee no loss of salary to an employee who has returned to work, albeit on modified duty. We conclude that it does not. A “leave of absence” is a foundational prerequisite to the application of section 4850’s no-loss-of-salary guarantee, and a person who has returned…