What the panel ordered
Joint Findings of Fact of August 12, 2020 affirmed; petition for reconsideration denied.
Petition for reconsideration filed by applicant and granted; decision after reconsideration issued affirming the WCJ's findings and decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Temporary disabilityDefendant prevailedright knee · left knee
The applicant is not entitled to temporary disability benefits for the second injury because Labor Code section 4853 bars temporary disability payments after the effective date of CalPERS industrial disability retirement, even if the injuries are from different dates but with the same governmental entity employer.
From the decision · page 6Labor Code section 4853 provides, "Whenever such disability of any such officer or employee continues for a period beyond one year, such member shall thereafter be subject as to disability indemnity to the provisions of this division other than Section 4850 during the remainder of the period of said disability or until the effective date of his retirement under the Public Employees' Retirement Act, and the leave of absence shall continue."