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New Court Decision Increases "Pensionable Income" for Los Angeles County Safety OfficersThe 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.) Impact of Schwarzenegger Workers' Compensation Law on Safety OfficersThe 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.
If you are a first time visitor, please read our disclaimer before navigating further. We hope to help you with any questions you have. Thanks for visiting, and come back often, as we update this site quarterly. The workers' compensation information contained on this website pertains to laws in the state of California only. Generally, we will handle questions for those clients in and around Southern California.
**Note: Because of all the recent changes in workers' compensation laws, we have had to remove most of the information portions of this website. To get the best information and/or advice, please contact your attorney.
Making a false or fraudulent workers' compensation claim is a felony subject to up to five years in prison or a fine of up to $50,000.00 or double the value of fraud, whichever is greater, or by both imprisonment and fine.
LAST UPDATED: September 2008 |