Hurtado, Nathalie

Applicant Nathalie Hurtado, a County of Napa employee, sustained presumptively compensable cancer and received Labor Code section 4850 full-salary benefits while totally disabled, then partially while working three days per week. Defendant ended benefits after 52 weeks, counting weeks in which applicant worked part time as full weeks of 4850 entitlement. The dispute was whether 4850 benefits must be calculated weekly (52 weeks) or as an aggregate of 365 days, allowing applicant to collect salary replacement on days she did not work while earning salary on days she did. The WCAB held that, under section 4850 and section 4854 as construed in Eason v. Riverside, section 4850 entitlement is an aggregate of 365 days that may be taken in broken periods, and salary earned during return-to-work intervals may not be credited against the leave. The Board granted reconsideration, rescinded the WCJ's F&O, and remanded for the parties to recalculate the appropriate 4850 benefit dates.