Q&A – If we have safety personnel…
Q: If we have safety personnel who are entitled to Labor Code §4850 pay, but they come back to light duty and they have to go to PT twice a week for 2 hours, is there any law or policy that states they are entitled to receive 4850 pay for those 2 hours that they are gone or are they supposed to use their sick time?
A: Officers are not entitled to §4850 time if they were/are returned back to work full-time but decide to take time off to go to a medical appointment. Jon Edwards, Petitioner v. Workers’ Compensation Appeals Board, County of Sacramento (Sheriff’s Department), PSI, Respondents 73 CCC 1358 relied on Supreme Court’s decision in Department of Rehabilitation v. W.C.A.B. (Lauher) (2003) 30 Cal. 4th 1281, to hold that applicant/deputy sheriff whose condition was not yet permanent and stationary was not entitled to temporary disability indemnity and/or Labor Code §4850 benefits for time missed from work for attendance at medical appointments related to his industrial injuries to the extent that Applicant was provided with full work duty or modified duty as outlined in medical reports.