Your client is a city. An EE is a police officer in the city and injures his shoulder. He is placed on TTD for 6 months and is receiving 4850. When he returns to work, he quits and starts working as a deputy sheriff for the county. While he is working for the county, he decides to have surgery on his shoulder and applies for 4850 through both the city and the county. Who will The WCAB say is responsible for the 4850?

Your client is a city. An EE is a police officer in the city and injures his shoulder. He is placed on TTD for 6 months and is receiving 4850. When he returns to work, he quits and starts working as a deputy sheriff for the county. While he is working for the county, he decides to have surgery on his shoulder and applies for 4850 through both the city and the county. Who will The WCAB say is responsible for the 4850?

• A. The county
• B. The city
• C. Both city and county
• D. WCAB

Answer: (B)

In California workers’ compensation, the employer liable for benefits tied to a specific injury is the one who employed the worker at the time the injury occurred. The liability for that injury’s disability and related medical benefits does not automatically transfer just because the employee changes jobs. Here, the shoulder injury happened while the officer was with the city, so the benefits tied to that injury—such as the 4850 benefits for the surgery—remain the responsibility of the city. Even though he later worked for the county and sought treatment there, the correct basis for liability is the original employer where the injury occurred. The county would only become responsible if a separate, new injury occurred during county employment or if an apportionment rule applies. Therefore, the WCAB would assign the 4850 responsibility to the city.

In California workers’ compensation, the employer liable for benefits tied to a specific injury is the one who employed the worker at the time the injury occurred. The liability for that injury’s disability and related medical benefits does not automatically transfer just because the employee changes jobs. Here, the shoulder injury happened while the officer was with the city, so the benefits tied to that injury—such as the 4850 benefits for the surgery—remain the responsibility of the city. Even though he later worked for the county and sought treatment there, the correct basis for liability is the original employer where the injury occurred. The county would only become responsible if a separate, new injury occurred during county employment or if an apportionment rule applies. Therefore, the WCAB would assign the 4850 responsibility to the city.