NEWS

Handling Grievances (PART I)

BY: STUART ADAMS, Esq.

     This article is the first in a series about grievances. It is intended as a general guide only and is based upon the opinion of its author. Anyone seeking to file a grievance or with questions on their grievance process should contact Adams, Ferrone & Ferrone or their legal representative for the purpose of obtaining legal advice specific to their needs.

What is a grievance?

     All associations operate under a memorandum of understanding (MOU) and various personnel policies and practices which govern the every day terms and conditions of employment. These terms and conditions of employment, policies and practices control the actions of both employer and employee.  What happens when the employer fails to follow these terms, policies and practices? Typically, the mandatory avenue of seeking a remedy is to file a grievance.

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Firehouse World 2014

For those of you attending the 2014 Firehouse World Convention in San Diego this year.  Be sure to swing by the Adams, Ferrone & Ferrone

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FAQ: What Exactly is a Skelly Hearing?

 Q:       What exactly is a Skelly hearing?

A:       The constitution requires that prior to imposing discipline against a permanent employee, that employee must be provided the materials relied upon in imposing the discipline and an opportunity to speak with the decision-maker to potentially change his or her mind.  This is referred to as a Skelly hearing, named after the Supreme Court case establishing this right.  

The hearing itself is at the employee’s option. You are entitled to a representative of your choice.  Additionally, you are to be given a reasonable opportunity to prepare and the agency must give you “all the materials upon which the action is based.”  It is not an opportunity for the agency to ask more questions. Serious consideration should be given

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FAQ: At What Point do Temporary Disability (Including 4850 and IDL) Benefits Exhaust?

QUESTION:

At what point do temporary disability (Including 4850 and IDL) benefits exhaust? 

ANSWER:  

By: Michael T. Bannon, Esq. 

The short answer is 104 weeks total.  This includes one year of 4850 (for police and fire) or IDL (for state employees).  There are limited exceptions that apply in extreme situations to extend the maximum period to 240 weeks.  However, the majority of injured workers are entitled to a maximum of 104 weeks, and it is strictly enforced.  We have had cases where our client was in a hospital bed recovering from surgery and TD benefits were cutoff.  There is absolutely no sympathy.  Even in cases where delays by the Workers’ Compensation insurance carrier create the need for TD benefits beyond 104 weeks, none will be provided.

The law addressing this issue is contained within Labor Code section 4656.  The law does change with the date of injury.  However, subsection (2) is probably the most relevant since it applies to dates of injury from 2008 to the present, and states;        “Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability SHALL NOT extend for more than 104 compensable weeks within a period of five years from the date of injury” (emphasis added).

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