Presumptions and Compensable Consequences

(For Police, Fire Fighters, School Teachers and Life Guards)

Labor Code § 4850 “full-salary” leave-f-absence doctrine applicable to “public-safety” employees has established:  Paid-leave of absence for specified public employees, and will prevail over any [action]/enactment of a municipality in conflict with it.

It is to be liberally construed with the purpose of extending benefits for the protection of persons injured in the course of their employment. This statues also encompasses an employee’s entire compensation to include all earning and benefits to which a disabled employee is entitled at time of occupational injury without any deduction, directly nor indirectly, by virtue of remaining an employee in the service of his employer.The world “salary” encompasses “the entire compensation to which the employee is entitled”.

LC 4850 shall be for up to one year or until disability retirement.  It also includes the entire compensation including fringe benefits such as sick leave, vacation time, and holidays.

The law enforcement officers and fire fighters developing hernia, heart trouble and pneumonia is presumed AOE-COE.  Therefore, a compensable injury.

Example:

  • An employee of Dept. of Corrections and who has any duties that are custodial in nature has rebuttable presumption that heart trouble is caused by job.
  • Law enforcement officers and fire fighters exposure to carcinogens – presumption of cancer.
  • Under LC § 3212.5. Hypertension heart disease leading to congestive heart failure and cerebrovascular accident get “heart trouble”.

The nature of these highly stressful occupations relate these diagnosis to a work related injury.

Our California workers compensation attorney’s at Prussak, Welch & Avila are ready to evaluate your case. Call us at (714) 665-0799  or email us now.