Hernandez v. Workers' Compensation Appeals Board

Opinion

PERLUSS, P.

Code section 4800.5, subdivision (a), 1 provides that a sworn member of the Department of the California Highway Patrol (CHP) who has been disabled by a single work-related injury is entitled to a leave of absence without loss of salary, in lieu of disability payments, for a period not to exceed one year. In a February 2013 decision a workers’ compensation administrative law judge (WCJ) found Andrew Hernandez, a CHP sergeant, to be temporarily totally disabled from July 18, 2011 to November 8, 2011. Although Hernandez received payments equal to the full amount of his salary…