Managing Employee Injuries and Disability and Occupational Safety

provide treatment; and 4) if the treatment was otherwise successful (the “outcome determinative” test).

C. C LASSES OF D ISABILITY B ENEFITS Disability benefits are ordinarily classified on the basis of the character of the disability as partial or total, and as temporary or permanent. There are four designated classes of disability for which compensation is payable: temporary-total, temporary-partial, permanent-total, and permanent- partial. 1. T EMPORARY D ISABILITY Temporary disability is a physical incapacity which, though curable, impairs the employee’s earning capacity so as to entitle him to indemnity payments, as well as medical treatment. Where an employee has been temporarily disabled by an industrial injury, he is considered temporarily totally disabled if he is unable to earn any income during the period when he is recovering from the effects of the injury, and he is considered temporarily partially disabled if he is able to engage in some kind of gainful employment during the period of disability. A temporary disability commences on the third day after the employee leaves work because of an industrial injury unless the employee receives no wages for that day, in which case the disability period shall commence on that day. Labor Code Section 4652. Certificated and classified employees of school districts are entitled to a leave of absence of not less than 60 days to commence on the first day of the absence. The leave of absence shall not accumulate from year to year. Education Code Sections 44984, 45192. Community colleges academic employees and classified employees are also entitled to the same benefits. Education Code Sections 87787, 88192. This industrial disability leave shall not exceed 52 weeks within five years of the first day of disability. Education Code Section 89529.03. An employee is not entitled to both industrial disability leave and temporary disability. The employee must elect one or the other. Education Code Section 89529.05.

If industrial disability leave runs out prior to 52 weeks, the employee receives temporary total disability, but not to exceed 52 weeks. Educational Code Section 89529.07.

2. B ENEFIT A wage loss benefit is payable during the period the injured employee is temporarily incapacitated by reason of the work related injury. The benefit is intended as partial compensation for loss of wages during the period of medical treatment and recuperation. If an employee loses no time and no wages from work, there may be no entitlement to benefits. The amount of the weekly benefit will depend on the employee’s earnings. The formula for computing benefits is discussed below. By way of illustration, for injuries occurring on or after

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 34