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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
At what point do temporary disability (Including 4850 and IDL) benefits exhaust?
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).
Over the last decade Adams Ferrone & Ferrone has been an established multi-faceted law firm specializing in the representation of all branches of public safety.
FAQ: Is There A Specific Level of Permanent Disability At Which I Will Automatically Be Medically Retired?
QUESTION: Is there a specific level of permanent disability at which I will automatically be medically retired? ANSWER: No. Under current Workers’ Compensation law, permanent disability
UPCOMING EVENT: Mark Peacock Hosts 5th Annual Safetyheroes.org Benefit Featuring Ted Nugent. Proceeds to Benefit the Injured Marine Semper Fi Fund
Ted Nugent , left, shares words with Master Sergeant Davey Lind during the annual safetyheroes.org event. Join SafetyHeroes.org for their 5th annual fundraiser benefitting the
NEWS ALERT: The City of Huntington Beach Establishes New Workers’ Compensation ADR Carve-Out Process for Police and Fire
The City of Huntington Beach has launched a New Public Safety Workers’ Compensation Process to Lower Costs and Increase Productivity effective July 1, 2013. Adams,
Stuart Adams, Esq., partner at Adams, Ferrone & Ferrone, recently negotiated the reinstatement of a San Luis Obispo firefighter charged with assaulting a man in a bar when off duty. Ryan Mason was reinstated by Chief Charlie Hines in a controversial decision triggered by Mason’s appeal filed regarding his November 2012 termination. The settlement was due in part to the city’s wish to avoid a lengthy and expensive legal battle being brought by Adams, Ferrone & Ferrone.