Dissecting Labor Code 4850 Benefits: What is Included, What is Not?
Labor Code Section 4850 provides covered law enforcement officers, firefighters and probation officers with up to one year (52 weeks) of payment of their salary within the statutory limits while temporarily totally disabled due to a work-related injury or illness.
While this law seems simple, there are many issues connected to the concept of "full salary" that become the subject of dispute between the injured worker and the employer. In this case, the dispute involved the claim of an injured deputy sheriff for the extra pay he received for working a night shift as part of the Labor Code Section 4850 benefit after his employer reassigned him to another position for modified duty while recovering from the injury. That question was answered by the Court of Appeal that rejected a trial judge's findings and concluded that once an officer has returned to work, there is nothing in the language or construction of Labor Code 4850 that would provide additional payment of benefits.
The case involved Deputy Sherriff David Lade of California's Nevada County Sheriff's Department, who injured his right shoulder at work, and claimed he should have received a five percent "shift differential," which was part of his pre-injury assignment pay even though he was assigned to a different day shift working a modified/light-duty position while recovering from his injury.
Judgement Centers on Actual Work Status for 4850 Pay
The trial court judge decided that Lade was entitled to the shift differential. Citing Johnson v. Contra Costa County Fire Protection Dist. (1972) 23 Cal.App.3d 868, the judge reasoned that the county "could not change Lade's status [from night shift to day shift] for purposes of [section] 4850 so as to avoid indemnification for the shift pay."
The county appealed to the Workers' Compensation Appeals Board (WCAB) for reconsideration, arguing (among other issues) that the trial judge was incorrect "…in granting Labor Code [section] 4850 'leave of absence' benefits while [Lade] was not on a leave of absence and in fact [was] working modified duty." The WCAB denied reconsideration and upheld the trial judge's decision. So the county appealed the issue to the Court of Appeal.
In rejecting Lade's argument and overturning the lower court's decision, the Court of Appeal stated: "We do not believe section 4850 is reasonably susceptible to the interpretation Lade advances, citing Collins v. County of Los Angeles (1976) 55 Cal.App.3d 594. Here, the Legislature provided that a public safety worker like Lade, when disabled, is entitled to a leave of absence at full salary instead of temporary disability payments. There is nothing in section 4850 that guarantees a worker anything when he is no longer on a leave of absence and is instead back at work. Moreover, there is nothing in section 4850 that can be reasonably understood to mean that a leave of absence is anything less than being absent from one's employment." The Workers' Compensation Appeals Board order denying reconsideration was annulled, and the matter was remanded.
In summary, the higher court held that once the injured deputy returned to work, his employer was entitled to assign him to the modified work position and reduce his earnings accordingly as Labor Code Section 4850 was no long controlling his payment status. The law only applies while a worker is disabled from working.
GEK takes great pride in representing peace and safety officers. We will keep you apprised of cases that have an impact on rights and benefits of peace and safety officers.
