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Workers' Compensation Update - Labor Negotiations/4850 Benefits
By John A. Ferrone Esq.
LABOR UPDATE
In the past issue of the Public Safety Net, we discussed negotiating changes to the work comp system at the bargaining table. The new changes to the work comp system in SB 899 now allow public safety to negotiate and create an MOU regarding workers’ compensation. After several months of negotiating, the City of Long Beach approved a supplemental memorandum of understanding which outlined a dispute resolution agreement for worker’s compensation between the City, the Long Beach Police Officer’s Association and the Long Beach FireFighter’s Association Local 372.
The agreement provides that the injured safety member will proceed through an alternative resolution system when any dispute arises in the worker’s compensation claim. If treatment or 4850 benefits have been denied, the safety officer will be evaluated by an independent medical evaluator (IME), who will examine the injured safety officer within 30 days and issue a report within 30 days.
The goal of the new system is to resolve the issue within 60 days. The new alternative dispute resolution system is a vast improvement over the current system, which has been fraught with delays, uncertainty and protracted litigation. The POA voted unanimously in favor of the new agreement. The FireFighters vote is open until September 1, 2007. The Firefighter’s are expected to vote along the same lines as the POA. Once the vote has been completed, the agreement will be submitted to the Administrative Director for approval.
4850 UPDATE
The California Supreme Court has affirmed 4850 benefits are not subject to the two-year limitation on temporary disability. In the case of City of Long Beach v. WCAB (Weber), the Court affirmed the decision of the WCAB holding 4850 benefits did not constitute temporary disability (TTD) benefits and thus were not subject to the new two-year cap. In Weber, the safety officer had sustained a knee injury and received 4850 benefits in June 2004. Weber went back to work after receiving two months of 4850.
Subsequently, Weber began to have increased difficulties with the knee and was taken off work in July 2006. The City denied Weber 4850 benefits contending the two-year limitation applied. Since Weber received 4850 pay more than two-years ago, no more 4850 was due, despite the fact Weber had ten months of 4850 remaining.
The WCAB rejected the City’s contention finding 4850 is not TTD and therefore not subject to the two-year limitation on TTD. The Weber decision is a very important case protecting the one-year of 4850 pay.
