(a) If a member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum that would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514, or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any temporary disability compensation pursuant to this subsection after the member has been granted a pension, or for a period longer than one (1) year. In the event that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has not been granted a pension prior to that time, the member shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the State of California.
(b) Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the member is not fit by reason of the disability for any type of available duty, the member shall receive as disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum, which would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514 or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any disability compensation pursuant to this subsection after the member has been granted a pension nor shall any member receive any temporary disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled member has been declared permanent and stationary.
(c) All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General Manager of the Personnel Department.
(d) The employing department shall make the initial determination as to proximate cause of injury or illness, workers’ compensation benefits shall be administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the proximate cause of injury or illness shall be resolved in accordance with the advice of the City Attorney. The benefits of this section shall be administered in accordance with decisions of the Workers’ Compensation Appeals Board.
(e) Upon the operative date of this Subsection, employees in the classification of Chief Paramedic, Code 2300, shall be considered members of the Fire Department eligible for the benefits provided under this section.
SECTION HISTORY
Based on ord. No. 89,935.
Amended by: Ord. No. 99,770; Ord. No. 138,534, Eff. 4-25-69; Ord. No. 140,848, Eff. 8-31-70; Subsec. (e) repealed, Ord. No. 147,646, Eff. 9-11-75; In Entirety, Ord. No. 158,352, Eff. 9-23-83, Oper. 1-28-80; Subsec. (e) added, Ord No. 168,262, Eff. 10-5-92, Oper. 10-18-92; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; First Sentence of Subsec. (a) and First Sentence of Subsec. (b), Ord. No. 179,186, Eff. 9-25-07.