Law Enforcement and WC Compensation

Article 7 of Chapter 2 of Part 2 of Division 4 of the Labor Code deals with city police and firemen, sheriffs, and others in compensation scheduled.

Section 4850 provides that, whenever any person who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the person’s duties, the person is entitled, regardless of the person’s period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year.

The persons eligible include all thirteen specified individuals. This section applies only to persons listed who meet the requirements of law, and does not include any of the four specified individuals.

Section 4850.3 provides that a city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System may make advanced disability pension payments to any local safety officer who has qualified for benefits and is approved for a disability allowance. The payments cannot be less than 50 percent of the estimated highest average annual compensation earnable by the local safety officer during the three consecutive years of employment immediately preceding the effective date of his or her disability retirement, with exceptions.

Section 4850.4 states that a city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System is required to make advanced disability pension payments, unless any of the specified provisions are applicable.

Section 4850.5 explains that any firefighter employed by the County of San Luis Obispo, and the sheriff or any officer or employee of the sheriff’s office of the County of San Luis Obispo, and other specified individuals are entitled to the benefits of this article, if otherwise entitled to these benefits, even though the employee is not a member of the Public Employees’ Retirement System.

Section 4850.7 states that any firefighter employed by a dependent or independent fire district may be entitled to the benefits of this article, if otherwise entitled to these benefits, even though the employee is not a member of the Public Employees’ Retirement System.

Section 4851 says that the governing body of any city, county, or city and county, in addition to anyone else properly entitled, may request the appeals board to determine in any case, and the appeals board must determine, whether or not the disability arose out of and in the course of duty. The appeals board is also required, in any disputed case, determine when the disability commenced and ceased, and the amount of benefits provided by this division to which the employee is entitled during the period of the disability.

Section 4852 provides that the provisions of this article do not diminish or affect the right of any officer or employee to the medical, surgical, and hospital benefits prescribed by this division.

Section 4853 states that, whenever the disability of any officer or employee continues for a period beyond one year, the member is subject as to disability indemnity to the provisions of this division during the remainder of the period of disability or until the effective date of his retirement under the Public Employees’ Retirement Act.

Section 4854 prohibits disability indemnity from being paid to any officer or employee concurrently with wages or salary payments.

Section 4855 prohibits this article from being applicable to individuals who are appointed as reserve public safety employees and are deemed to be employees of a county, city, town or district for workmen’s compensation purposes.

Section 4856 explains that, whenever any local employee who is a firefighter, peace officer, or a Sheriff’s Special Officer of the County of Orange, is killed in the performance of their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of their duty, the employer must continue providing health benefits to the deceased employee’s spouse under the same terms and conditions provided prior to the death.