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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 9 findings
F1
Page 157
The “Carve-Out” program, currently used by the Fire Department, not only reduces the time needed to refer injured workers to medical personnel, but also minimizes the number of disputes regarding LC 4850 eligibility resulting from medical treatment plans and opinions.
F2
Page 157
Although California Labor Code §3812 et seq. recognizes the concept of certain “presumptive” injuries associated with safety workers, cities and counties may rebut these presumptions based on available eye witnesses and applicable case infor- mation.
F3
Page 157
Conducting analyses of on-the-job injuries incurred by County safety workers should assist County departments to identify the most frequently occurring injuries, and as- sist the departments to develop specific training programs to reduce the occurrence of these injuries.
F4
Page 157
Individuals on LC 4850 leave may seek ways to manipulate the program’s rules and regulations to gain more than one year of benefits.
F5
Page 157
The American College of Occupational and Environmental Medicine (ACOEM) pub- lishes researched and tested guidelines covering on-the-job injuries and effective quality of care, reduction of unnecessary medical procedures, and full health restora- tion recommendations. These standards are included in the Medical Treatment Utili- zation Schedule (MTUS). The standards are used by several of the counties sur- veyed by the CGJ.
F6
Page 157
The Sheriff’s Department often uses sworn officers to transport injured workers to scheduled appointments with physicians.
F7
Page 157
The Sheriff’s Department often uses sworn officers to conduct drive-by surveillance of officers assigned to their homes as part of their LC 4850 injury recovery plans.
F8
Page 157
Data provided by the County’s Risk Management Branch of the Chief Executive Of- fice suggests that individual safety workers may view the benefits of the LC 4850 20112012 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 139 LABOR CODE §4850 program as an entitlement, and make efforts to gain LC 4850 status just prior to their planned retirement dates, thereby increasing their final retirement benefits. 8
F9
Page 158
Discussions with the County’s Risk Management Branch suggest that on occasion an injured safety worker remains on LC 4850 status after clear evidence is available to indicate that the worker’s disability will prevent him from ever returning to perfor- mance of his duties.
Recommendations 9
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R1Page 157The Los Angeles County Sheriff and Probation Departments should adopt the “carve-out” program, as used by the Fire Department, to expedite the process of re- ferring injured workers to approved physicians and to reduce the frequency of LC 4850 eligibility disputes.
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R2Page 157The Los Angeles County Sheriff, Fire, and Probation Departments should con- tinue to review all cases involving presumptive injuries to assure that each injury in question is job-related.
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R3Page 157The Los Angeles County Sheriff and Probation Departments should adopt the practice of the Fire Department by gathering statistics to determine the most com- mon and prevalent on-the-job injuries, and use these statistics to develop specific in- jury prevention and mitigation programs and training.
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R4Page 157The Los Angeles County Sheriff, Fire, and Probation Departments should scru- tinize requests from injured workers seeking to renew additional years of 4850 status by considering whether changes of medical tests, exams, and treatment plans have occurred.
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R5Page 157The Los Angeles County Sheriff, Fire, and Probation Departments should en- sure that the guidelines and standards established by the Medical Treatment Utiliza- tion Schedule (MTUS), which includes American College of Occupational and Envi- ronmental Medicine (ACOEM) recommendations, are used when setting treatment plans and time off from work in order to reduce excessive absences.
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R6Page 157The Los Angeles County Sheriff’s Department should consider using non-sworn personnel to transport and accompany newly injured workers to the primary treating physicians, allowing sworn officers to continue with mission-specific duties.
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R7Page 157The Los Angeles County Sheriff’s Department should consider the use of non- sworn personnel or sworn personnel on modified duty to monitor the activities of 8 Source: “Report of the Influence of the State of California Labor Code 4850 and the County of Los An- geles Service Connected Disability Retirements on the County of Los Angeles Workers’ Compensation Program”, January 2005; published by the Chief Administrative Office of the County of Los Angeles 140 20112012 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT LABOR CODE §4850 workers on LC 4850 leave to ensure full compliance with medical plans, allowing sworn officers to continue with mission-specific duties.
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R8Page 158The Los Angeles County Sheriff, Fire, and Probation Departments should re- view and compare the frequency of employees’ LC 4850 initial claim dates that im- mediately precede their retirement dates, to determine if the LC 4850 program is be- ing used in accordance with its intent.
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R9Page 158The Los Angeles County Board of Supervisors should sponsor or support legisla- tion allowing a public jurisdiction to terminate LC 4850 benefits and authorize disabil- ity pension benefits when clear and convincing evidence exists that an employee’s work-related disability will preclude the worker from ever returning to the perfor- mance of his duties.