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Case Name Housing Authority v. WCAB
Date 01/14/1998
Note WCAB had jurisdiction over whether housing authority's chief of police was an employee.
Citation 60 Cal.App.4th 1076, 63 CCC 1
WCC Citation WCC 26801998 CA
[60 Cal. App. 4th 1079] OPINION MASTERSON, J. - Petitioner Housing Authority of the City of Los Angeles (L. A. Housing Authority) challenges two findings made by the Workers' Compensation Appeals Board (Appeals Board) in favor of Roger Chandler, the L. A. Housing Authority's Chief of Police: that the Appeals Board had jurisdiction to determine whether Chandler was an employee within the meaning of Labor Code section 4850 as part of Chandler's application for workers' compensation benefits, and that the L. A. Housing Authority was collaterally estopped from denying that Chandler was entitled to the benefits of Labor Code section 4850 because that issue had been resolved against the L. A. Housing Authority in a previous workers' compensation case. We find that the Appeals Board properly concluded that it had authority to determine the jurisdiction issue, and that the doctrine of collateral estoppel barred the L. A. Housing Authority from denying section 4850 benefits in this case. The collateral estoppel issue emanated from the Appeals Board's opinion and order in Chappell v. Housing Authority, City of Los Angeles (1993) W. C. A. B. No. PAS 16292, which held that an L. A. Housing Authority police officer came within the definition of section 4850. Collateral Estoppel [3a] The Appeals Board found that the L. A. Housing Authority was estopped from asserting that Chandler was not entitled to the benefits of section 4850 as a result of the Appeals Board's opinion and order in Chappell v. Housing Authority, City of Los Angeles, supra, W. C. A. B. No. PAS 16292. 4 However, the L. A. Housing Authority has not offered, nor can we imagine, any reason why these distinctions should make a difference to the question of whether a peace officer employed by the L. A. Housing Authority is entitled to the benefits of section 4850.

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