Luis Fonseca (L) along with Attorney, Stuart Adams (R), after being acquitted of abuse charges in San Diego. Jurors acquitted a U.S. Border Patrol agent
Court of Appeals Eliminates One Year of Temporary Disability Benefits for Public Safety Officers
Labor Code section 4850 provides public safety officers, who become disabled while performing their duties, to a one-year leave of absence without loss of salary in lieu of temporary disability payments for that year. After the injured officer has received the one year of 4850 pay, the officer is then entitled to temporary disability at the state rate. The 2004 Reform measures in SB 899, however, placed a two-year cap on temporary disability benefits. Labor Code section 4656 imposed a 104-week limit on the payment of temporary disability benefits.
Fire fighters face dangers every day. It is no surprise the job is one of the toughest in California. With these dangers comes the increased likelihood of an injury on duty (IOD). There are countless examples of exposures, lifting patients, motor vehicle accidents, and the daily physical demands of the job. What happens when you sustain an on duty injury? This article will provide a general road map of what to expect in the workers’ compensation process.
Public safety officers have the cancer presumption. If the officer is exposed to known carcinogens and the cancer arises or manifests itself during the officer’s employment, the cancer is presumed work related. The attack on the cancer presumption is on proving the exposures were to “known carcinogens”.
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