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PanelQMEGranted

Dipiero, Jacob

JACOB DIPIERO, Applicant vs. CITY OF CAMPBELL, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ15251480
Decision date: Jun 2, 2025
District office: San Francisco
WCJ: —
Claim administrator: TriStar Risk Management (administrator for City of Campbell, permissibly self-insured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, low back

LC §3200LC §3202LC §3207LC §3351LC §4850LC §4850.3LC §4850.4LC §5300LC §5900LC §5909

Summary

Applicant Jacob Dipiero, a police officer for the City of Campbell, sustained an admitted cumulative trauma injury to his lumbar spine ending 02/26/2021. After the WCJ found the Appeals Board lacked jurisdiction to determine entitlement to advance disability pension payments (ADPP) under Labor Code section 4850.4, applicant sought reconsideration relying on Gage v. WCAB (2016). The Board granted reconsideration, holding that ADPP constitutes 'compensation' within Division 4 of the Labor Code and that the Appeals Board therefore has exclusive jurisdiction to award it under section 5300. The Board rejected defendant's argument that Government Code sections 21156, 21157, and 21166 created a conflict, finding ADPP entitlement separate and distinct from disability retirement qualification. The F&O was rescinded and the matter returned to the trial level to decide entitlement, including defendant's failure-to-cooperate defense.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.