Managing Employee Injuries and Disability and Occupational Safety

o. Credit for Prior Awards of Permanent Disability Labor Code Section 4664 provides for credit for permanent disability paid on prior awards of compensation against new injuries. However, the credit is only effective when the prior award is based upon the same Permanent Disability Rating Schedule as will apply to the new injury. In practice, it is very difficult for an employer to receive credit for a prior award that is based upon an injury occurring prior to January 1, 2005. 12. S UBSEQUENT I NJURIES Subsequent Injury Funds offer a solution to the problem of the worker who suffers a greater degree of disability as the result of a work-related injury, because of some pre-existing disability or condition. The fund is designed to encourage the employment and retention of handicapped workers, thus facilitating their rehabilitation and preventing them from becoming public charges. There is little incentive for their employment if the last employer faces entire liability for a disability in part due to pre-existing conditions. The fund allows an employer to pay only the amount that would have been required in the absence of the pre-existing condition. The fund pays the additional sum to achieve the full disability payment to which the employee is entitled. Labor Code Section 4750. 13. S UPPLEMENTAL J OB D ISPLACEMENT B ENEFITS Supplemental job displacement benefits consisting of vouchers of up to $10,000 for retraining after an industrial injury are provided for by LC 4658.5 for dates of injury January 1, 2004 through December 31, 2012. The vouchers are to provide retraining at State approved schools. The vouchers are not paid directly to the injured employee. For dates of injury on or after January 1, 2013, the supplemental job displacement voucher is redeemable for up to $6,000. A reimbursement to the employee for miscellaneous items up to $500 and up to $1,000 for purchase of computer equipment is provided for by LC 4658.7. 14. D EATH B ENEFIT When an industrial injury causes or hastens death, either with or without disability and including industrial aggravation of a pre-existing disease or condition, the employer may be held liable. Neither temporary nor permanent disability payments shall be made for any period of time subsequent to the death of an employee. However, any accrued and unpaid compensation shall be paid to the dependents (defined in Labor Code Section 3503), to the heirs of the decedent, or if no surviving dependents or heirs, as ordered by the Board. In addition, when an injury causes death, the employer shall be liable for death benefits described below. Labor Code Section 4700. Death benefits cannot be apportioned. 47 The dependents of a deceased employee and heirs for deaths on or after January 1, 2003 may receive a death benefit. Unless the WCAB orders otherwise, the benefits shall be payable in installments in the same manner and amounts as temporary disability indemnity would have been made to the employee. However, the payments shall be made at a weekly rate of not less than $224.00.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 43