Labor Code Section 4850 Time

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Lemaire, Faunce, Pingel & Singer

Some Law Enforcement Personnel are entitled to receive full salary in lieu of workers’ compensation payments for injuries arising out of and in the course and scope of employment.  The benefit is limited to a period of one year from the date of injury.  (Labor Code Sections 4800, 4800.5, 4801-4804, 4804.1-4804.5, 4806-4810, 4816-4820, 4850-4856)

Some of the Employees Covered:

Local Level Employees: Applies to any city police officer, sheriff or any officer or employee of a sheriff’s office, any inspector, investigator, detective, or personnel with comparative title in any district attorney’s office, any county probation officer, group counselor, or juvenile services officer, or any officer or employee of the probation office, any peace officer under Section 830.31, of the Penal Code employed on a regular, full-time basis by a county of the first class  It also applies to deputy sheriffs, and to peace officers under Section 830.31 of the Penal Code employed on a regular full-time basis by a county of the first class who are subject to the County Employees Retirement Law of 1937,  If also applies to probation officers, group counselors, juvenile service officers, or any officer or employee of a probation office, subject to the County Employees Retirement Law of 1937.

Local Level Employee Exclusions from Labor Code Section 4850: employees of the police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic or otherwise and whose functions do not fall within the scope of active law enforcement service, and excludes employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service.

State Employees:

1) California Department of Justice who are in the “state peace officer class”

2) Harbor Police of the San Francisco Port Commission (Labor Code Section 4800)

3) Sworn Members of the California Highway Patrol (Labor Code Section 4800.5)

Exceptions to 4850 Rule for California Highway Patrol:

For Injuries on or after 1/1/95 (see 4800.5(g) for exception),  Benefits are paid out pursuant to Labor Code Section 4800.5.  The section provides that when a sworn member of the California Highway Patrol is disabled by a single injury, excluding disabilities that are the result of cumulative trauma or cumulative injuries, arising out of and in the course and scope of  his or her duties, he or she is entitled to leave of absence while so disabled without loss of salary for a period not exceeding one year.  It only applies to those whose principal duties consist of active law enforcement.  Section 4800.5(b) provides language concerning cumulative trauma and injury language.  This reader believes the language of the statute concerning cumulative trauma and injury is at best vague and ambiguous and will be potentially subject to litigation as to whether the salary benefit does apply to these types of injury.  The benefit does not apply if the disability occurs subsequent to termination of employment by resignation, retirement or dismissal.

4) University of California Police Officers (Labor Code Section 4804.1, 4806)

5) California State University Police Officers (Labor Code Section 4816)

Important Points about Labor Code Section 4850 Time

Broken Periods: Payments may be made for broken periods of time.

For example: Officer sustained a broken wrist for which he was initially off six weeks.  Pins were placed in the wrist.  Officer returned to regular duty.  Two months later, the Doctor removes the pins and places the officer on disability for one week after.  The second period of time would be covered under 4850.

Not limited to One Calendar Year:  If there are intermittent periods of disability, the officer can have several discontinuous periods of entitlement.  Once those periods add up to one year of benefit paid, then regular workers’ compensation benefits will then take place.

Disability Extends Beyond One Year:  If the disability extends beyond one year, Law Enforcement Personnel are entitled to receive regular workers’ compensation benefits.  In otherwords, an officer is entitled to receive workers’ compensation total temporary disability indemnity (TTD) payments based upon 2/3rds of their average weekly wage which is capped at the maximum rate allowed by the State.  Currently, TTD rates are $490.00 per week.

Resignation: This will terminate one’s ability to receive Labor Code Section 4850 benefits.  However, once one has resigned, they are still entitled to receive regular workers’ compensation benefits.

For example: Officer, after his injury to his knee in 6/1999, quits working for the department in 1/2000 and gets a job working as a private investigator.  Because of his knee injury, the officer in 5/2000, needs to have knee surgery and will be totally disabled for 6 weeks.  Due to the fact that he terminated his employment with the department, he cannot collect 4850 time.  He, however, is still entitled to receive regular workers’ compensation benefits.

Medical Benefits:  Whether subsequently retired or not, such an officer is entitled to full medical benefits for his or her industrial injury. (Labor Code Section 4600, 4802, 4804.3, 4808, 4852)

Effective Date of Retirement: Pursuant to Labor Code 4853, for Offices subject to the  Public Employees’ Retirement Act, their Labor Code Section 4850 time may be terminated upon the effective date of retirement.  Note: beware if your employer tries to move back your effective date.

Hearings Concerning Labor Code Section 4850 Benefits: The Workers’ Compensation Appeals Board is the entity for which an officer may prove up and enforce his or her entitlement to Labor Code Section 4850 Benefits. See Labor Code Section 4851.

Pursuant to Labor Code Section 4851, any person claiming entitlement to LC 4850 benefits may request a hearing before the Workers’ Compensation Appeals Board to determine whether the disability arose out of and in the course and scope of employment.

The Workers’ Compensation Appeals Board shall also, in any disputed case, shall also determine when the disability commenced and ceased and the amount of the benefits provided by this division to which the employee is entitled during the period of disability.  The appeals board shall have the jurisdiction to award and enforce payment of these benefits.  For employees of cities, counties, districts or other local bodies who qualify as members of the Public Employees’ Retirement System or a system under the County Employee’s Retirement Law of 1937, the Board can also determine the amount of benefits the employee is entitled to.  The Board, however, has no jurisdiction to determine eligibility, whether the employee holds a position entitling them to the benefit.  A civil action is necessary to prove eligibility.