Johnson v. Contra Costa County Fire Protection Dist

In Johnson v. Contra Costa County Fire Protection Dist. (1972) 23 Cal. App. 3d 868, Johnson, a firefighter who worked in a shift position, suffered an industrial injury. ( Id. at p. 871.) Pursuant to section 4850, Johnson was paid his full salary for one year except for the holiday pay that a firefighter in a shift position would have received. (23 Cal. App. 3d at p. 871.) The trial court granted Johnson's petition for writ of mandate, finding that pursuant to section 4850, Johnson had the status of a shift position firefighter and was entitled to pay for the holidays, even though he was not on the district's rolls on the days preceding the holidays as required by county ordinance. (23 Cal. App. 3d at p. 871.) The reviewing court affirmed, holding the employer "could not change Johnson's status from that of a shift worker to a nonshift worker to eliminate his holiday pay." ( Id. at p. 873.)