reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4701.

4701. If an injury causes death, either with or without disability, the employer shall be liable, in addition to any other benefits provided by this division, for all of the following:
(a) Reasonable expenses of the employee’s burial, in accordance with the following:
(1) Up to two thousand dollars ($2,000) for injuries occurring prior to January 1, 1991.
(2) Up to five thousand dollars ($5,000) for injuries occurring on or after January 1, 1991, and prior to January 1, 2013.
(3) Up to ten thousand dollars ($10,000) for injuries occurring on or after January 1, 2013.
(b) A death benefit, to be allowed to the dependents when the employee leaves any person dependent upon him or her for support.
(Amended by Stats. 2012, Ch. 363, Sec. 61. (SB 863) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4703.

4703. Subject to the provisions of Section 4704, this section shall determine the right to a death benefit.
If there is any person wholly dependent for support upon a deceased employee, that person shall receive a full death benefit as set forth in Section 4702 for one total dependent, and any additional partial dependents shall receive a death benefit as set forth in subdivision (b) of Section 4702 to a maximum aggregate amount of twenty-five thousand dollars ($25,000).
If there are two or more persons wholly dependent for support upon a deceased employee, those persons shall receive the death benefit set forth in subdivision (a) of Section 4702, and any person partially dependent shall receive no part thereof.
If there is more than one person wholly dependent for support upon a deceased employee, the death benefit shall be divided equally among them.
If there is more than one person partially dependent for support upon a deceased employee, and no person wholly dependent for support, the amount allowed as a death benefit shall be divided among the persons so partially dependent in proportion to the relative extent of their dependency.
(Amended by Stats. 1981, Ch. 210, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4703.5.

4703.5. (a) In the case of one or more totally dependent children, as defined in Section 3501, after payment of the amount specified in Section 4702, and notwithstanding the maximum limitations specified in Sections 4702 and 4703, payment of death benefits shall continue until the youngest child attains 18 years of age, or until the death of a child physically or mentally incapacitated from earning, in the same manner and amount as temporary total disability indemnity would have been paid to the employee, except that no payment shall be made at a weekly rate of less than two hundred twenty-four dollars ($224).
(b) (1) Notwithstanding the age limitation in subdivision (a), the payment of death benefits shall continue until the youngest child attains 19 years of age if the child is still attending high school and is receiving the death benefits as a child of an active member of a sheriff’s office, an active member of a police or fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision, an individual described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is primarily engaged in active law enforcement activities, active firefighting member of the Department of Forestry and Fire Protection, or an active member of any county forestry or firefighting department or unit killed in the performance of duty.
(2) Paragraph (1) shall not apply with respect to a child of a person whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or active firefighting services, such as stenographers, telephone operators, and other office workers.
(Amended by Stats. 2013, Ch. 786, Sec. 2. (AB 607) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4703.6.

4703.6. The provisions of Section 4703.5 shall also apply to a totally dependent minor child of a local safety member as defined in Article 4 (commencing with Section 20420) of Chapter 4 of Part 3 of Division 5 of Title 2 of the Government Code, or a safety member as defined in Section 31469.3 of the Government Code, other than a member performing duties related to juvenile hall group counseling and group supervision, or a safety member subject to any public retirement system, or a patrol member as defined in Section 20390 of the Government Code, if that member was killed in the line of duty prior to January 1, 1990, and the totally dependent minor child is otherwise entitled to benefits under Section 4703.5.
(Amended by Stats. 2002, Ch. 296, Sec. 1. Effective August 28, 2002. Applicable from January 1, 2002, by Sec. 2 of Ch. 296.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4704.

4704. The appeals board may set apart or reassign the death benefit to any one or more of the dependents in accordance with their respective needs and in a just and equitable manner, and may order payment to a dependent subsequent in right, or not otherwise entitled thereto, upon good cause being shown therefor. The death benefit shall be paid to such one or more of the dependents of the deceased or to a trustee appointed by the appeals board for the benefit of the person entitled thereto, as determined by the appeals board.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4705.

4705. The person to whom the death benefit is paid for the use of the several beneficiaries shall apply it in compliance with the findings and directions of the appeals board.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4706.

4706. (a) If a dependent beneficiary of any deceased employee dies and there is no surviving dependent, the payments of the death benefit accrued and payable at the time of the death of the sole remaining dependent shall be paid upon the order of the appeals board to the heirs of the dependent or, if none, to the heirs of the deceased employee, without administration.
(b) In the event there is no surviving dependent and no surviving heir, the appeals board may order the burial expense of the deceased employee, not to exceed the amount specified in Section 4701, paid to the proper person, without administration.
(Amended by Stats. 1972, Ch. 1334.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4707.

4707. (a) Except as provided in subdivision (b), no benefits, except reasonable expenses of burial not exceeding one thousand dollars ($1,000), shall be awarded under this division on account of the death of an employee who is an active member of the Public Employees’ Retirement System unless it is determined that a special death benefit, as defined in the Public Employees’ Retirement Law, or the benefit provided in lieu of the special death benefit in Sections 21547 and 21548 of the Government Code, will not be paid by the Public Employees’ Retirement System to the surviving spouse or children under 18 years of age, of the deceased, on account of the death, but if the total death allowance paid to the surviving spouse and children is less than the benefit otherwise payable under this division the surviving spouse and children are entitled, under this division, to the difference.
The amendments to this section during the 1977–78 Regular Session shall be applied retroactively to July 1, 1976.
(b) The limitation prescribed by subdivision (a) does not apply to local safety members, or patrol members, as defined in Section 20390 of the Government Code, of the Public Employees’ Retirement System. This subdivision shall be applied retroactively.
(c) The limitation prescribed by subdivision (a) does not apply to state safety members, as defined in Section 20400 of the Government Code, peace officers, as defined in Sections 830, 830.1, 830.2, subdivision (e) of Section 830.3, 830.4, and 830.5 of the Penal Code, firefighters for the Department of Forestry and Fire Protection who are members of Bargaining Unit 8 of the Public Employees’ Retirement System. This subdivision shall be applied retroactively to January 1, 2019, for injuries not previously claimed or resolved, and shall not supersede any statutes of limitations otherwise provided by the Labor Code.
(Amended by Stats. 2023, Ch. 448, Sec. 1. (AB 621) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4 - Death Benefits › Section 4708.

4708. Upon application of any party in interest for a death benefit provided by this division on the death of an employee member of the Public Employees’ Retirement System, the latter shall be joined as a defendant, and the appeals board shall determine whether the death resulted from injury or illness arising out of and in the course of his employment, for the purpose of enabling the appeals board to apply the provision of this division and the board of administration to apply the provisions of the Public Employees’ Retirement Law.
(Amended by Stats. 1969, Ch. 639.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4720.

4720. As used in this article:
(a) “Elected public official” means any person other than the President or Vice President of the United States who holds any federal, state, local, or special district elective office as a result of winning election in California to such office or being appointed to fill a vacancy in such office.
(b) “Assassination” means the killing of an elected public official as a direct result of an intentional act perpetrated by an individual or individuals acting to prevent, or retaliate for, the performance of official duties, acting because of the public position held by the official, or acting because of pathological reasons.
(Added by Stats. 1979, Ch. 983.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4721.

4721. The surviving spouse or dependent minor children of an elected public official who is killed by assassination shall be entitled to a special death benefit which shall be in addition to any other benefits provided for by this division or Division 4.5 (commencing with Section 6100).
(Amended by Stats. 1983, Ch. 142, Sec. 106.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4722.

4722. If the deceased elected public official is survived by a spouse with or without dependent minor children, such special death benefit shall be payable to the surviving spouse. If the deceased elected public official leaves no surviving spouse but one or more dependent minor children, benefits shall be paid to a guardian ad litem and trustee for such child or children appointed by the Workers’ Compensation Appeals Board. In the absence of a surviving spouse and dependent minor children, the benefit shall be payable to any legally recognized dependent parent of the deceased elected public official.
(Added by Stats. 1979, Ch. 983.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4723.

4723. The person or persons to whom the special death benefit is payable pursuant to Section 4722 shall, within one year of the date of death of the elected public official, choose either of the following benefits:
(a) An annual benefit equal to one-half of the average annual salary paid to the elected public official in his or her elected capacity, less credit for any other death benefit provided for under existing law or by public funds, except benefits payable pursuant to this division or Division 4.5 (commencing with Section 6100). Payments shall be paid not less frequently than monthly, and shall be paid from the date of death until the spouse dies or remarries, or until the youngest minor dependent child reaches the age of 18 years, whichever occurs last. If payments are being made to a dependent parent or parents they shall continue during dependency.
(b) A lump-sum benefit of one hundred fifty thousand dollars ($150,000), less any other death benefit provided for under existing law or by public funds, except benefits payable pursuant to this division or Division 4.5 (commencing with Section 6100).
(Amended by Stats. 1983, Ch. 142, Sec. 107.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4724.

4724. The person or persons to whom the special death benefit is payable pursuant to Section 4722 shall file a claim therefor with the Department of General Services, which shall be processed pursuant to the provisions of Chapter 3 (commencing with Section 900) of Part 2 of Division 3.6 of Title 1 of the Government Code.
(Amended by Stats. 2016, Ch. 31, Sec. 192. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4725.

4725. The State Compensation Insurance Fund shall be the disbursing agent for payments made pursuant to this article and shall receive a fee for its services to be negotiated by the Department of General Services. Unless otherwise provided herein, payments shall be made in accordance with the provisions of this division.
(Amended by Stats. 2016, Ch. 31, Sec. 193. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4726.

4726. The Department of General Services and the Administrative Director of the Division of Workers’ Compensation shall jointly adopt rules and regulations as may be necessary to carry out the provisions of this article.
(Amended by Stats. 2016, Ch. 31, Sec. 194. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4727.

4727. Any person who is convicted of any crime in connection with the assassination of an elected public official shall not be eligible for any benefits pursuant to this article.
(Added by Stats. 1979, Ch. 983.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 4.5 - Public Official Death Benefits › Section 4728.

4728. (a) A dependent of an elected public official, who was intentionally killed while holding office, in retaliation for, or to prevent the performance of, an official duty, shall be entitled to a scholarship at any institution described in subdivision (k) of Section 69535 of the Education Code. The scholarship shall be in an amount equal to the amount provided a student who has been awarded a Cal Grant scholarship as specified in Article 3 (commencing with Section 69530) of Chapter 2 of Part 42 of the Education Code. Eligibility for a scholarship under this section shall be limited to a person who demonstrates financial need as determined by the Student Aid Commission pursuant to Article 1.5 (commencing with Section 69503) of Chapter 2 of Part 42 of the Education Code.
(b) The scholarship provided for by this section shall be paid out of funds annually appropriated in the Budget Act to the Student Aid Commission established by Article 2 (commencing with Section 69510) of Chapter 2 of Part 42 of the Education Code.
(c) The receipt of a scholarship provided for by this section shall not preclude a dependent from receiving a Cal Grant award pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of Part 42 of the Education Code, any other grant, or any fee waivers that may be provided by an institution of higher education. The receipt of a Cal Grant award pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of Part 42 of the Education Code, any other grant, or any fee waivers that may be provided by an institution of higher education shall not preclude a dependent from receiving a scholarship provided for by this section.
(d) This section shall apply to a student receiving a scholarship on the effective date of the section unless that application would result in the student receiving a scholarship on less favorable terms or in a lesser amount, in which case the student shall continue to receive the scholarship on the same terms and conditions in effect prior to the effective date of this section.
(e) As used in this section, “dependent” means the children (natural or adopted) or spouse, at the time of the death or injury, of the elected public official.
(Added by Stats. 1995, Ch. 646, Sec. 3. Effective January 1, 1996.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4751.

4751. If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, he shall be paid in addition to the compensation due under this code for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article; provided, that either (a) the previous disability or impairment affected a hand, an arm, a foot, a leg, or an eye, and the permanent disability resulting from the subsequent injury affects the opposite and corresponding member, and such latter permanent disability, when considered alone and without regard to, or adjustment for, the occupation or age of the employee, is equal to 5 percent or more of total, or (b) the permanent disability resulting from the subsequent injury, when considered alone and without regard to or adjustment for the occupation or the age of the employee, is equal to 35 percent or more of total.
(Amended by Stats. 1959, Ch. 1034.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4753.

4753. Such additional compensation is not in addition to but shall be reduced to the extent of any monetary payments received by the employee, from any source whatsoever, for or on account of such preexisting disability or impairment, except as to payments being made to the employee or to which he is entitled as a pension or other compensation for disability incurred in service in the armed forces of the United States, and except as to payments being made to him or to which he is entitled as assistance under the provisions of Chapter 2 (commencing with Section 11200), Chapter 3 (commencing with Section 12000), Chapter 4 (commencing with Section 12500), Chapter 5 (commencing with Section 13000), or Chapter 6 (commencing with Section 13500) of Part 3, or Part 5 (commencing with Section 17000), of Division 9 of the Welfare and Institutions Code, and excluding from such monetary payments received by the employee for or on account of such preexisting disability or impairment a sum equal to all sums reasonably and necessarily expended by the employee for or on account of attorney’s fees, costs and expenses incidental to the recovery of such monetary payments.
All cases under this section and under Section 4751 shall be governed by the terms of this section and Section 4751 as in effect on the date of the particular subsequent injury.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4753.5.

4753.5. In any hearing, investigation, or proceeding, the state shall be represented by the Attorney General, or the attorneys of the Department of Industrial Relations, as appointed by the director. Expenses incident to representation, including costs for investigation, medical examinations, other expert reports, fees for witnesses, and other necessary and proper expenses, but excluding the salary of any of the Attorney General’s deputies, shall be reimbursed from the Workers’ Compensation Administration Revolving Fund. No witness fees or fees for medical services shall exceed those fees prescribed by the appeals board for the same services in those cases where the appeals board, by rule, has prescribed fees. Reimbursement pursuant to this section shall be in addition to, and in augmentation of, any other appropriations made or funds available for the use or support of the legal representation.
(Amended by Stats. 2006, Ch. 538, Sec. 489. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4754.

4754. The appeals board shall fix and award the amounts of special additional compensation to be paid under this article, and shall direct the State Compensation Insurance Fund to pay the additional compensation so awarded. Such additional compensation may be paid only from funds appropriated for such purpose. Out of any such appropriation the fund may reimburse itself for the cost of service rendered in payment of compensation awards pursuant to this article and maintenance of accounts and records pertaining thereto, which cost shall not exceed 5 percent of the amount of award paid.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4754.5.

4754.5. Nothing in this article shall impair the right of the Attorney General or the Department of Industrial Relations to release by compromise any claims brought under the provisions of this article. No such compromise and release agreement is valid unless it is approved by the appeals board; however, the provisions of Sections 5000 to 5004, inclusive, of this code, shall not apply to such compromise and release agreements.
(Amended by Stats. 1981, Ch. 894, Sec. 8.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4755.

4755. (a) The State Compensation Insurance Fund may draw from the State Treasury out of the Subsequent Injuries Benefits Trust Fund for the purposes specified in Section 4751, without at the time presenting vouchers and itemized statements, a sum not to exceed in the aggregate fifty thousand dollars ($50,000), to be used as a cash revolving fund. The revolving fund shall be deposited in any banks and under any conditions as the Department of Finance determines. The Controller shall draw his or her warrants in favor of the State Compensation Insurance Fund for the amounts so withdrawn and the Treasurer shall pay these warrants.
(b) Expenditures made from the revolving fund in payments on claims for any additional compensation and for adjusting services are exempted from the operation of Section 16003 of the Government Code. Reimbursement of the revolving fund for these expenditures shall be made upon presentation to the Controller of an abstract or statement of the expenditures. The abstract or statement shall be in any form as the Controller requires.
(c) The director shall assign claims adjustment services and legal representation services respecting matters concerning subsequent injuries. The director or his or her representative may make these service assignments within the department, or he or she may contract for these services with the State Compensation Insurance Fund, for a fee in addition to that authorized by Section 4754, except insofar as these matters might conflict with the interests of the State Compensation Insurance Fund. The administrative costs associated with these services shall be reimbursed from the Workers’ Compensation Administration Revolving Fund, except when a budget impasse requires advances as provided in subdivision (d) of Section 62.5. To the extent permitted by state law, the director may contract for audits or reports of services under this section.
(Amended by Stats. 2012, Ch. 728, Sec. 121. (SB 71) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 5 - Subsequent Injuries Payments › Section 4756.

4756. (a) The Legislature finds and declares that it is in the best interest of the State of California to provide a person, regardless of his or her citizenship or immigration status, with the benefits provided pursuant to this article, and therefore enacts this section pursuant to Section 1621(d) of Title 8 of the United States Code.
(b) A person shall not be prohibited from receiving compensation paid or payable from the Subsequent Injuries Benefits Trust Fund solely because of his or her citizenship or immigration status.
(c) It is the intent of the Legislature to override Section 15740 of Article 1 of Subchapter 2.1.1 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations.
(d) The provisions of this section are declaratory of existing law.
(Added by Stats. 2015, Ch. 290, Sec. 2. (SB 623) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4800.

4800. (a) 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 not exceeding one year. This section applies only to members of the Department of Justice whose principal duties consist of active law enforcement and does 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.
(b) This section applies to law enforcement officers employed by the Department of Fish and Wildlife who are described in subdivision (e) of Section 830.2 of the Penal Code.
(c) This section applies to harbor police officers employed by the San Francisco Port Commission who are described in Section 20402 of the Government Code.
(d) This section shall does 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 if this section had not been enacted.
(Amended by Stats. 2017, Ch. 561, Sec. 175. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4801.

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.
(Amended by Stats. 1971, Ch. 1089.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4802.

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.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4803.

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.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.

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.
(Amended by Stats. 1967, Ch. 1553.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.1.

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.
(Added by Stats. 1972, Ch. 1149.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.2.

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.
(Added by Stats. 1972, Ch. 1149.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.3.

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.
(Added by Stats. 1972, Ch. 1149.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.4.

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.
(Added by Stats. 1972, Ch. 1149.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4804.5.

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.
(Added by Stats. 1972, Ch. 1149.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4806.

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.
(Added by Stats. 1971, Ch. 918.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4807.

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.
(Added by Stats. 1971, Ch. 918.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4808.

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.
(Added by Stats. 1971, Ch. 918.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4809.

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.
(Added by Stats. 1971, Ch. 918.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4810.

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.
(Added by Stats. 1971, Ch. 918.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4811.

4811. (a) Whenever any member of State Bargaining Unit 8 employed by the Department of Forestry and Fire Protection is disabled by injury arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the Department of Forestry and Fire Protection, to leave of absence while disabled without loss of salary, in lieu of disability payments under this chapter, for a period not exceeding one year.
(b) If the disabling injury described in subdivision (a) is a severe burn as determined by the Director of Forestry and Fire Protection or their designee, the employee shall become entitled, regardless of their period of service, to leave of absence while so disabled without loss of salary, in lieu of disability payments under this chapter, for a period not exceeding three years.
(c) An employee shall only receive benefits pursuant to this section during the time period for which they would normally be employed. When this section does not apply, the employee shall be eligible for those benefits that would apply if this section had not been enacted.
(d) 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 if this section had not been enacted.
(e) This section shall also apply to an employee related to State Bargaining Unit 8 and employed by the Department of Forestry and Fire Protection who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code.
(f) This section shall apply to injuries sustained on or after November 1, 2022.
(Added by Stats. 2022, Ch. 250, Sec. 14. (AB 151) Effective September 6, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4816.

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.
(Added by Stats. 1994, Ch. 50, Sec. 1. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4817.

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.
(Added by Stats. 1994, Ch. 50, Sec. 2. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4819.

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.
(Added by Stats. 1994, Ch. 50, Sec. 3. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 6 - Special Payments to Certain Persons › Section 4820.

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.
(Added by Stats. 1994, Ch. 50, Sec. 4. Effective January 1, 1995.)