Overtime Pay not Worked: The Fenn Case and TTD

Saturday, November 22, 2003 | 0

The California Court of Appeals in April ruled that un-worked overtime pay of full salary made to a firefighter pursuant to LC 4850 is not to be included in the calculation of wages for determination of indemnity benefits, resolving an obscure but common issue in public entity claims.

In Fenn vs. WCAB, 107 Cal.App.4th 1292 (2003), the parties agreed that the petitioner, Firefighter Fenn, would normally work a total of 192 hours during a monthly rotation as a firefighter. Time worked in excess of 182 hours per month would be considered overtime and be paid at 1