§ 6.20.070. Injuries in the course of employment.  


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  • A.

    Applicability of This Section. The provisions of this section shall apply only to those industrial-injury cases which the director of personnel or the worker's compensation appeals board determines to be compensable, and only for such period of time as the worker's compensation laws of the state of California require payment of temporary disability, and shall cease when a person leaves county service other than by disability retirement.

    B.

    Eligibility Under This Section.

    1.

    All county employees who have either satisfactorily passed the physical examination as required by the Civil Service Rules, or who have successfully completed their initial probationary period shall be eligible.

    2.

    The eligibility of certain classes of employees designated in Section 4850 of the Labor Code shall be in accordance with the provisions of that section.

    C.

    Compensation and Benefits—Leaves of One Year or Less.

    1.

    Injuries Occurring On or After January 1, 1981, Affecting Persons Not Covered by Section 4850 of the Labor Code. Any employee who is absent as a result of an industrial injury incurred on or after January 1, 1981, and deemed compensable by the director of personnel or the worker's compensation appeals board and who is not eligible for compensation under Section 4850 of the Labor Code, shall receive compensation pursuant to the following:

    a.

    To receive the difference between 70.0 percent of his base salary and the sum of the benefits prescribed by the worker's compensation laws of the state of California and earnings from other employment, when such earnings are less than 70.0 percent of his base salary. Employees shall be eligible to receive such compensation for a period of one year from the date of injury, but in no case shall such compensation be paid for a period of time in excess of the employee's continuous service immediately prior to such injury, except that any person employed on a daily recurrent basis as an Ocean Lifeguard (Item No. 2923E) or on an hourly recurrent basis as a Lake Lifeguard (Item No. 2953H) shall be entitled to receive the benefits set forth in this subsection C for a period not to exceed one year from the date of injury or a period equal to the employee's cumulative active service performed on or after July 1, 1985, whichever is less. Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, 70.0 percent of base salary as described in this section shall be calculated at the Calendar-Day Hourly Rate.

    b.

    Crediting Previously Used Time. In the event an employee is absent due to an injury incurred on or after January 1, 1981, and the absence is charged to any previously earned vacation, sick leave, nonelective annual leave, accumulated holiday time or accumulated overtime, and subsequently the injury is determined to be compensable by the director of personnel or the worker's compensation appeals board, 70.0 percent of such vacation, sick leave, nonelective annual leave, holiday time, or overtime shall be restored to the employee. The remaining 30.0 percent shall be lost. Restorable time shall be calculated to the nearest 15-minute increment, and such restoration shall be deemed full recovery of any overpayment resulting from the operation of this paragraph.

    c.

    Once the injury is determined to be compensable, no employee may use any previously earned vacation, sick leave, nonelective annual leave, accumulated holiday time, or overtime to supplement the compensation provided in this section except as provided in subsections D1 and D2 below.

    2.

    Injuries Affecting Persons Covered by Section 4850 of the Labor Code. Persons employed in positions which are eligible for compensation under Section 4850 of the Labor Code shall, in lieu of the compensation set forth in subparagraph 1 above, be entitled to compensation as provided in said Section 4850. Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, compensation described in this section C.2 shall be calculated at the Actual Work Day Hourly Rate.

    D.

    Compensation and Benefits—After One Year. An employee, who is compelled to be absent as the result of a compensable industrial injury after one year from the date of injury or a period equivalent to his continuous service immediately prior to said date of injury, whichever is less, or, if Section 4850 of the Labor Code applies, after the termination of the time covered by that section, may elect one of the following:

    1.

    To receive only those benefits provided under the worker's compensation laws of the state of California;

    2.

    To use any full-pay or part-pay sick leave to which he would be entitled pursuant to Sections 6.20.010 through 6.20.060 if his injuries had not arisen out of or in the course of his employment in order to receive the difference between his sick-leave pay and the sum of his worker's compensation benefits and earnings from other employment, when such sum is less than said sick-leave pay. When sick leave has been exhausted, the employee may elect to receive the alternative set forth in paragraphs 1 or 3 of this subsection D;

    3.

    To use any previously earned vacation, full-pay sick leave, nonelective annual leave, accumulated holiday time, or accumulated overtime in order to receive payment equal to the difference between his base salary and the sum of his worker's compensation benefits and earnings from other employment when such sum is less than his base salary. Upon expiration of all such benefits, the employee may elect to receive the alternatives set forth in paragraphs 1 or 2 of this subsection D.

    E.

    The benefits provided in the worker's compensation laws of the state of California as referred to in this section shall not include payments made for hospital, surgical and medical expenses, or payments received as a result of permanent injury awards.

    F.

    Limitations on Earning and Carryover of Vacation, Sick Leave, Holiday, and Overtime.

    1.

    Except for safety fire fighting personnel employed in the Fire Department or as otherwise approved by the Board of Supervisors, no provision of Division 1 of this title limiting the carryover of vacation and overtime shall apply to employees during the time they are absent under the provisions of this section or Section 4850 of the Labor Code, nor shall they apply to overtime at the end of the first calendar year, or to vacation at the end of the first vacation anniversary year of such employee's return to duty.

    2.

    Employees who are absent under provisions of subsection D1 of this section shall not earn any vacation, sick leave, nonelective annual leave or holiday for the duration of such absence.

    G.

    Leave with Pay for Medical Treatment. Leave with pay for medical treatment authorized by the director of personnel may be permitted for short periods of time when temporary disability payments pursuant to this section or Section 4850 of the Labor Code are not made.

(Ord. 2015-0063 § 34, 2015; Ord. 2014-0005 § 10, 2014; Ord. 2010-0014, § 51, 2010; Ord. 2005-0038 § 6, 2005: Ord. 6222 Ch. 1 Art. 11 § 231, 1953.)