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TOMLIN v. WORKERS' COMP. APPEALS BD.

No. B199429.

76 Cal.Rptr.3d 672 (2008)

162 Cal.App.4th 1423

Dave TOMLIN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and the City of Beverly Hills, Respondents.

Court of Appeal of California, Second District, Division Five.

May 16, 2008.

Attorney(s) appearing for the Case

Adams, Ferrone, Ferrone, Paul F. Ferrone, Westlake Village, and E. Earl Dove, for Petitioner.

John B. Tharp, for Respondent City of Beverly Hills.

No appearance for Respondent Workers' Compensation Appeals Board.

Raymond G. Fortner, Jr., County Counsel, Leah D. Davis, Acting Assistant County Counsel, Derrick M. Au, Principal Deputy County Counsel, Jason E. Waller, Senior Associate County Counsel for County of Los Angeles as Amicus Curiae in support of Respondents.

MOSK, J.

INTRODUCTION

Petitioner Dave Tomlin is a member of the City of Beverly Hills Police Department (BHPD) Special Response Team, referred to as SWAT (Special Weapons and Tactics Unit). Officer Tomlin sustained an injury while on vacation, training for an upcoming departmental physical fitness test. The Workers' Compensation Administrative Law Judge (WCJ) denied Officer Tomlin workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB...

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