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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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Last modified: May 25, 2011