2005 California Labor Code Sections 4800-4820 Article 6. Special Payments to Certain Persons

4800.  Whenever any member of the Department of Justice falling
within the "state peace officer/firefighter" class is disabled by
injury arising out of and in the course of his or her duties, he or
she shall become entitled, regardless of his or her period of service
with the Department of Justice to leave of absence while so disabled
without loss of salary, in lieu of disability payments under this
chapter, for a period of not exceeding one year.  This section shall
apply only to members of the Department of Justice whose principal
duties consist of active law enforcement and shall not apply to
persons employed in the Department of Justice whose principal duties
are those of telephone operator, clerk, stenographer, machinist,
mechanic or otherwise clearly not falling within the scope of active
law enforcement service, even though this person is subject to
occasional call or is occasionally called upon to perform duties
within the scope of active law enforcement service.
   This section shall apply to harbor policemen employed by the San
Francisco Port Commission who are described in Section 20017.76 of
the Government Code.
   This section shall not apply to periods of disability which occur
subsequent to termination of employment by resignation, retirement or
dismissal.  When this section does not apply, the employee shall be
eligible for those benefits which would apply if this section had not
been enacted.
4800.5.  (a) Whenever any sworn member of the Department of the
California Highway Patrol is disabled by a single injury, excluding
disabilities that are the result of cumulative trauma or cumulative
injuries, arising out of and in the course of his or her duties, he
or she shall become entitled, regardless of his or her period of
service with the patrol, to leave of absence while so disabled
without loss of salary, in lieu of disability payments under this
chapter, for a period of not exceeding one year.  This section shall
apply only to members of the Department of the California Highway
Patrol whose principal duties consist of active law enforcement and
shall not apply to persons employed in the Department of the
California Highway Patrol whose principal duties are those of
telephone operator, clerk, stenographer, machinist, mechanic, or
otherwise clearly not falling within the scope of active law
enforcement service, even though this person is subject to occasional
call or is occasionally called upon to perform the duties of active
law enforcement service.
   (b) Benefits payable for eligible sworn members of the Department
of the California Highway Patrol whose disability is solely the
result of cumulative trauma or injury shall be limited to the actual
period of temporary disability or entitlement to maintenance
allowance, or for one year, whichever is less.
   (c) This section shall not apply to periods of disability that
occur subsequent to termination of employment by resignation,
retirement, or dismissal.  When this section does not apply, the
employee shall be eligible for those benefits that would apply had
this section not been enacted.
   (d) The appeals board may determine, upon request of any party,
whether or not the disability referred to in this section arose out
of and in the course of duty.  In any action in which a dispute
exists regarding the nature of the injury or the period of temporary
disability or entitlement to maintenance allowance, or both, and upon
the request of any party thereto, the appeals board shall determine
when the disability commenced and ceased, and the amount of benefits
provided by this division to which the employee is entitled during
the period of this disability.  The appeals board shall have the
jurisdiction to award and enforce payment of these benefits, subject
to subdivision (a) or (b), pursuant to Part 4 (commencing with
Section 5300).  A decision issued by the appeals board under this
section is final and binding upon the parties subject to the rights
of appeal contained in Chapter 7 (commencing with Section 5900) of
Part 4.
   (e) Except as provided in subdivision (g), this section shall
apply for periods of disability commencing on or after January 1,
1995.
   (f) This section does not apply to peace officers designated under
subdivision (a) of Section 2250.1 of the Vehicle Code.
   (g) Peace officers of the California State Police Division who
become sworn members of the Department of the California Highway
Patrol as a result of the Governor's Reorganization Plan No. 1 of
1995, other than those officers described in subdivision (f), shall
be eligible for injury benefits accruing to sworn members of the
Department of the California Highway Patrol under this division only
for injuries occurring on or after July 12, 1995.
4801.  It shall be the duty of the appeals board to determine in the
case of members of the California Highway Patrol, upon request of
the Department of the California Highway Patrol or Department of
Justice, and, in the case of the harbor policemen, upon the request
of the San Francisco Port Commission, whether or not the disability
referred to in Section 4800 arose out of and in the course of duty.
The appeals board shall, also, in any disputed case, determine when
such disability ceases.
4802.  Any such member of the California Highway Patrol or
Department of Justice, or any such harbor policeman, so disabled is
entitled from the date of injury and regardless of retirement under
the Public Employees' Retirement System, to the medical, surgical and
hospital benefits prescribed by this division as part of the
compensation for persons injured in the course of and arising out of
their employment, at the expense of the Department of the California
Highway Patrol, the Department of Justice, or the San Francisco Port
Commission, as the case may be, and such expense shall be charged
upon the fund out of which the compensation of the member is paid.
4803.  Whenever such disability of such member of the California
Highway Patrol, or Department of Justice, or of such harbor
policeman, continues for a period beyond one year, such member or
harbor policeman shall thereafter be subject, as to disability
indemnity, to the provisions of this division other than Section
4800, which refers to temporary disability only, during the remainder
of the disability, except that such compensation shall be paid out
of funds available for the support of the Department of the
California Highway Patrol, the Department of Justice, or the San
Francisco Port Commission, as the case may be, and the leave of
absence shall continue.
4804.  No disability indemnity shall be paid to said member of the
California Highway Patrol or harbor policeman as temporary disability
concurrently with wages or salary payments.
4804.1.  Whenever any member of a University of California fire
department specified in Section 3212.4 falling within the active
"firefighting and prevention service" class is disabled by injury
arising out of and in the course of his duties, he shall become
entitled, regardless of his period of service with a University of
California fire department, to leave of absence while so disabled
without loss of salary, in lieu of disability payments under this
chapter, for a period of not exceeding one year.  This section shall
apply only to members of a University of California fire department
whose principal duties consist of active firefighting and prevention
service and shall not apply to persons employed in a University of
California fire department whose principal duties are those of
telephone operator, clerk, stenographer, machinist, mechanic, or
otherwise clearly not falling within the scope of active firefighting
and prevention service, even though such person is subject to
occasional call or is occasionally called upon to perform duties
within the scope of active firefighting and prevention service.
4804.2.  It shall be the duty of the appeals board to determine in
the case of members of a University of California fire department
specified in Section 4804.  1, upon request of the Regents of the
University of California, whether or not the disability referred to
in Section 4804.1 arose out of and in the course of duty.  The
appeals board shall, also in any disputed case, determine when such
disability ceases.
4804.3.  Any such member of a University of California fire
department specified in Section 4804.1, so disabled is entitled from
the date of injury and regardless of retirement under the Public
Employees' Retirement System, or other retirement system, to the
medical, surgical, and hospital benefits prescribed by this division
as part of the compensation for persons injured in the course of and
arising out of their employment, at the expense of the Regents of the
University of California, and such expense shall be charged upon the
fund out of which the compensation of the member is paid.
4804.4.  Whenever such disability of such member of a University of
California fire department, specified in Section 4804.1, continues
for a period beyond one year, such member shall thereafter be
subject, as to disability indemnity, to the provisions of this
division other than Section 4804.1, which refers to temporary
disability only, during the remainder of the disability, except that
such compensation shall be paid out of funds available for the
support of the Regents of the University of California, and the leave
of absence shall continue.
4804.5.  No disability indemnity shall be paid to said member of a
University of California fire department, specified in Section
4804.1, as temporary disability concurrently with wages or salary
payments.
4806.  Whenever any member of the University of California Police
Department falling within the "law enforcement" class is disabled by
injury arising out of and in the course of his duties, he shall
become entitled, regardless of his period of service with the police
department, to leave of absence while so disabled without loss of
salary, in lieu of disability payments under this chapter, for a
period of not exceeding one year.  This section shall apply only to
members of the University of California Police Department whose
principal duties consist of active law enforcement, and shall not
apply to persons employed in the University of California Police
Department whose principal duties are those of telephone operator,
clerk, stenographer, machinist, mechanic or otherwise clearly not
falling within the scope of active law enforcement service, even
though such person is subject to occasional call or is occasionally
called upon to perform duties within the scope of active law
enforcement service.
   This section shall apply only to those members of the University
of California Police Department specified in Section 3213.
4807.  It shall be the duty of the appeals board to determine, in
the case of members of the University of California Police
Department, upon the request of the Regents of the University of
California, whether or not the disability referred to in Section 4806
arose out of and in the course of duty.  The appeals board shall,
also in any disputed case, determine when such disability ceases.
4808.  Any such member of the University of California Police
Department so disabled is entitled from the date of injury, and
regardless of retirement under either the University of California
Retirement System or Public Employees' Retirement System, to the
medical, surgical, and hospital benefits prescribed by this division
as part of the compensation for persons injured in the course of and
arising out of their employment, at the expense of the Regents of the
University of California, and such expense shall be charged upon the
fund out of which the compensation of the member is paid.
4809.  Whenever such disability of such member of the University of
California Police Department continues for a period beyond one year,
such member shall thereafter be subject, as to disability indemnity,
to the provisions of this division other than Section 4806, which
refers to temporary disability only, during the remainder of the
disability, except that such compensation shall be paid out of funds
available for the support of the Regents of the University of
California and the leave of absence shall continue.
4810.  No disability indemnity shall be paid to such member of the
University of California Police Department as temporary disability
concurrently with wages or salary payments.
4816.  Pursuant to a collective bargaining agreement applicable to
members of the California State University Police Department,
whenever any member of that police department falling within the "law
enforcement" class is disabled by injury or illness arising out of
and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the police
department, to enhanced industrial disability leave equivalent to the
injured employee's net take home salary on the date of occurrence of
the injury.  For the purposes of this section, "net take home salary"
means the amount of salary received after federal income tax, state
income tax, and the employee's retirement contribution has been
deducted from the employee's gross salary, in lieu of disability
payments under this chapter, for a period of not exceeding one year.
No benefits shall be paid under this section for any  psychiatric
disability or any physical disability arising from a psychiatric
injury.
   This section shall apply only to members of the California State
University Police Department whose principal duties consist of active
law enforcement, and shall not apply to persons employed in the
California State University Police Department whose principal duties
are those of telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise clearly not falling within the scope of active
law enforcement service, even though the person is subject to
occasional call or is occasionally called upon to perform duties
within the scope of active law enforcement service.
4817.  It shall be the duty of the appeals board to determine, in
the case of members of the California State University Police
Department, upon the request of the Board of Trustees of the
California State University, whether or not the disability referred
to in Section 4816 arose out of and in the course of duty.  The
appeals board shall, also in any disputed case, determine when such
disability ceases.
4819.  Whenever the disability of a member of the California State
University Police Department continues for a period beyond one year,
that member shall thereafter be subject, as to disability indemnity,
to the provisions of this division other than Section 4816, which
refers to temporary disability only, during the remainder of the
disability.
4820.  No disability indemnity shall be paid to a member of the
California State University Police Department as temporary disability
concurrently with wages or salary payments.