Legal Question in Workers Comp in California

I am a California police officer injured in the line of duty and am still off recovering from surgery. I was granted my full pay under 4850, until my position (along with several other officers) with the city was eliminated due to budget cuts. After my job being eliminated the city discontinued my 4850 benefits and placed me on temp disability at about 60% of my pay.

Their position is that I am not entitled to 4850 benefits now that my job was eliminated. Just to be clear, I did not resign, there were no breaks in service, and I have not retired.

Is anybody familiar with any case law regarding this scenario. I know the city is wrong, I would like to find any similar cases.


Asked on 5/01/11, 9:41 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Since no one has answered your question, I will take a stab at it. Your police officer's association should have a WC attorney they refer cases to and who you could get the answer from. Your "union" should be fighting this matter on your behalf. The issue turns on the reading of Labor Code 4850 as to whether it means you must remain a police officer to continue to get the benefits. It has been decades since I handled WC and police retirement cases but my impression at the time was that if an officer retired before the one year ran out his 4850 benefits also stopped. What effect your involuntary removal from the force has is not clear, but probably does effect the situation. The burden is probably on your employer to show that you are not entitled to the benefits, so demand of them case law supporting their position. Once you get their response, you might need to consult an attorney to help reply.

Read more
Answered on 5/22/11, 11:44 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California