Vol. 7, Issue 10

Find Solutions & Strategies                 March 7, 2016
Delay in Payment of Disability Retirement Advances

Is it subject to a Labor Code Sec. 5814 penalty?
In This Issue
* LC 5814 PENALTY
* SAVE 20 PERCENT
* CWCI STUDY
* FEB. CCC CITES
* NEWS: New DWC Calendar Posted
* eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010I enjoyed seeing everyone at the DWC Conference! Take advantage of our 20 percent discount through 3/15/2016.

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Robin E. Kobayashi, J.D.,   
Editor-in-Chief 
Workers' Compensation Index
delay in payment of disability retirement advances
Is it subject to a Labor Code Section 5814 penalty?

Penalty No LC 5814In Gage v. County of Sacramento, 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant's delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered an industrial injury to her lumbar spine on 9/14/2011 was not subject to a Labor Code § 5814 penalty. The WCAB panel majority concluded that: (1) Advances of disability retirement pursuant to Labor Code § 4850.4 are not equivalent to regular workers' compensation benefits, but rather are obligations of the employer and the employer's retirement system that are administered through a separate statutory process and governed by an independent retirement board, (2) Payment of disability retirement benefits differs from industrial disability leave under  Government Code § 19870(a), on which a Labor Code § 5814 penalty can be imposed, because industrial disability leave is paid to state workers as a form of "temporary disability" akin to workers' compensation...read more.
attn: dwc conference attendees save 20%
All DWC conference attendees can take advantage of special conference discounts through March 15, 2016. Whether you want print or ebook, we've got your research solutions:
 
*Herlick, Calif. Workers' Comp. Handbook (2016 Ed.)
*Workers' Comp. Laws of Calif. (2016 Ed.)
*Workers' Compensation Index (2016 Ed.)
*Rassp & Herlick, California Workers' Compensation Law
*Hanna, Calif. Law of Employee Injuries & Workers' Comp.
*Lawyer's Guide to AMA Guides & Calif. WC (2016 Ed.)
 
Christine Hyatt
To take advantage of this offer, contact Christine Hyatt:
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calif. workers' comp inpatient hospitalizations & spinal surgeries on the decline
CWCIThe number of inpatient hospitalizations in California workers' compensation fell 22.8% between 2008 and 2014, exceeding the declines noted for California hospital stays paid under Medicare and private coverage, and in sharp contrast to the growth in Medi-Cal inpatient hospitalizations that followed the introduction of the Affordable Care Act and Medi-Cal's absorption of the Healthy Families Program...read more
california COMPENSATION CASES 
Cal Comp CasesFebruary Cal. Comp. Cases Cites Now Available. Lexis.com and Lexis Advance online subscribers can access the complete headnotes and summaries here.
california news headlines

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