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Case Name | Fenn vs. WCAB | |
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Date | 04/21/2003 | |
Note | Because actual work necessary to earn FLSA premium, time off due to work injury not count towards benefit rate. | |
Citation | 107 Cal.App.4th 1292 | |
WCC Citation | WCC 29282003 CA |
OPINION O'LEARY, J. - James Fenn (Fenn), a firefighter for the City of Anaheim (City), seeks a writ of review after the Workers' Compensation Appeals Board (WCAB or Board) denied his petition for reconsideration. Both Fenn and the City admitted Fenn was a fire engineer for the City who lost time from work because of an industrial injury. Fenn claimed entitlement to federal Fair Labor Standards Act (FLSA) benefits as part of his section 4850 pay. The City contends because Fenn was off work on industrial leave he is not entitled to the time plus one-half premium. Fenn filed a petition for reconsideration with the WCAB, asking that the WCJ's findings and order be rescinded.
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