Worker Comp Law http://www.workercomplaw.com Just another WordPress weblog Wed, 17 Mar 2010 23:55:57 +0000 http://wordpress.org/?v=2.7 en hourly 1 Impact of Schwarzenegger Workers’ Compensation Law on Safety Officers http://www.workercomplaw.com/2009/02/impact-of-schwarzenegger-workers-compensation-law-on-safety-officers/ http://www.workercomplaw.com/2009/02/impact-of-schwarzenegger-workers-compensation-law-on-safety-officers/#comments Thu, 26 Feb 2009 18:43:46 +0000 admin http://www.workercomplaw.com/?p=212 The 2004 Schwarzenegger workers’ compensation law, according to studies, is resulting in a reduction in permanent disability benefits of more than 50%, just based on the new way of calculating permanent disability called the AMA Guides.  Further cuts in permanent disability benefits are also resulting because the law allows for “apportionment” to non-work-related contributing factors such as age, genetics, and even gender and race.  “Apportionment” to such factors further reduces what is paid for permanent disability.  Efforts to try to modify some of the drastic cuts and discriminatory aspects of the Schwarzenegger law have so far resulted in vetoes by the governor.  There is one exception that applies to safety officers only.

The new law allowing apportionment of permanent disability to non-work-related factors will not apply to conditions that are covered by the safety officer presumptions.  These presumptions include heart trouble and cancer.  Safety officers should remember, however, that the “heart trouble” presumption does not include hypertension when the hypertension does not have any accompanying heart trouble.  Hypertension by itself - along with all other non-presumptive conditions - is subject to the new apportionment law.

]]> http://www.workercomplaw.com/2009/02/impact-of-schwarzenegger-workers-compensation-law-on-safety-officers/feed/ New Court Decision Increases “Pensionable Income” for Los Angeles County Safety Officers http://www.workercomplaw.com/2009/02/new-court-decision/ http://www.workercomplaw.com/2009/02/new-court-decision/#comments Thu, 26 Feb 2009 18:43:00 +0000 admin http://www.workercomplaw.com/?p=210 The Los Angeles County Deputy Sheriff’s Association has won a significant appellate court decision involving safety officers who receive Labor Code 4850 benefits and then retire.  Normally, the County allowed excess vacation hours (over 320 hours) to be cashed out prior to retirement, making the payment part of the income used in calculating retirement benefits.  However, if the employee was on 4850 benefits (off work on a work injury), the excess hours could not be cashed out prior to retirement and, therefore, were not considered in calculating retirement benefits.  The court held that that was improper discrimination.  Those who are on 4850 benefits and then retire should now be able to cash out excess hours in the same manner as other employees.  (Los Angeles County Professional Peace Officer Association v. County of Los Angeles, Court of Appeal, Second Appellate District, 7/22/08.)

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