Jose Hernandez - Page 4

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          petitioner performed light-duty work; (2) from May 3, 1989, to              
          January 15, 1990, petitioner did not perform any work for the               
          City, as none was available that he could perform; (3) from                 
          January 16 to June 19, 1990, petitioner performed nonmaintenance            
          “night-man” work; (4) on June 19, 1990, petitioner was instructed           
          not to report to work, pending the investigation of an                      
          altercation, occurring on June 2, 1990, between him and several             
          City security guards; and (5) on August 29, 1990, the City                  
          terminated petitioner’s employment.                                         
               On November 17, 1990, petitioner filed a long-term                     
          disability claim with Standard, asserting that he had become                
          totally and permanently disabled because of the two accidents               
          described above.  Soon after, Standard denied his claim.                    
          Petitioner pursued the issue during the 2 subsequent years but              
          was unable to secure payment.  It was not until petitioner                  
          elicited the assistance of the California State Insurance                   
          Commissioner’s Office, in February 1993, that Standard agreed to            
          honor petitioner’s claim retroactively to September 9, 1989.                
          Through a series of 12 checks, Standard paid petitioner the sum             
          of $22,820.23 during 1993.                                                  
               On the basis of information supplied to him by the City and            
          Standard, petitioner believed that the benefits he had received             
          were nontaxable.  In accordance with this belief, petitioner did            







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