This policy describes how the Laboratory provides workers' compensation coverage under the University of California self-insured program. Questions regarding workers' compensation should be directed to the Laboratory Workers' Compensation Office.
It is the policy of Lawrence Berkeley National Laboratory that all Laboratory employees who contract an illness or are injured at work should:
An employee who is injured or contracts a disease within the course and scope of employment may be entitled to benefits. These include medical care; compensation for wage loss during disability (temporary disability payments); death benefits and a burial allowance; and a supplemental job displacement voucher, which may be provided for retraining if the injury or illness prevents an employee from continuing in his or her job.
Employees are required to report work-related injuries and illnesses immediately to their supervisor and to Health Services. Health Services must complete the employer section of the Workers' Compensation Claim form (DWC1) and give the form to the employee within 1 working day of employee reporting or Laboratory knowledge of the injury or illness.
Supervisors must advise the Laboratory Workers' Compensation Office in Health Services immediately of all off-site reports of employee work-related injuries or illnesses. As above, Health Services must complete the employer section of the Workers' Compensation Claim form (DWC1) and mail the form to the employee within 1 working day of the report or Laboratory knowledge of the illness or injury.
During business hours, the injured or ill employee's division should send or transport the employee to Health Services for treatment. After business hours, the employee's division should activate the emergency medical system, if needed.
Injured employees who have completed a Predesignation of Personal Physician form and have it on file with Health Services may be treated by that physician for a work-incurred injury or illness.
An employee with accrued sick leave and vacation shall be permitted to use it, if so desired, to supplement temporary disability payments received from workers' compensation. Sick leave and vacation (if so elected) payments will be the difference between the amount payable to the employee under workers' compensation as temporary disability, and the employee's regular salary. (Temporary disability payments are two-thirds, (not full pay) of employee’s wage, capped at a maximum as specified by labor code, dependent on the employee’s rate of pay.)
The sick-leave and vacation-leave payments made to an employee before receipt of disability payments will be deemed an advance temporary disability payment under the Workers' Compensation Act. An employee who receives advance temporary disability payments must reimburse the Laboratory for such payments. The reimbursement to the Laboratory is used to restore proportionate sick leave and vacation credit, as appropriate.
An eligible employee who does not have sufficient accrued sick leave to cover the 3-calendar-day waiting period for receiving workers' compensation temporary disability payments will receive extended sick-leave benefits to cover any part of the waiting period not covered by sick leave. Payment will be made only after determination that the injury or illness is compensable under workers' compensation.
An employee who elects not to use all accrued sick leave is not eligible for extended sick-leave benefits.
An employee who is receiving temporary disability payments and supplemental sick leave or vacation as described in Paragraph (D)(1), above, is considered to be on regular pay status for purposes of application of all Laboratory personnel policies except completion of the probationary period. The probationary period will be extended during periods of absence. Sick leave and vacation accrued during this period of disability may be used as soon as accrued.
An employee who is receiving temporary disability payments and extended sick-leave benefits is considered to be on regular pay status for purposes of application of all Laboratory personnel policies except completion of the probationary period. The probationary period will be extended during periods of absence. Sick leave and vacation accrued during this period of disability are credited to the employee, however, only upon return to work. If an employee terminates without returning to work, the employee will be paid for vacation for the period during which he or she received extended sick-leave payments.
c. Leave Without Pay
An employee on leave without pay and receiving temporary disability payments accrues sick leave and vacation on the same basis as if regularly employed, but such accrual is credited to the employee only upon return to work. If an employee terminates without returning to work, no payment will be made for such vacation credit.
An employee who is receiving supplemental leave or extended sick leave as described in Sections (4)(a) and (4)(b), above, shall have that time counted against the 12 work-week entitlement to family and medical leave, provided that the employee is entitled to FMLA leave pursuant to RPM §2.13 (Family Care and Medical Leave).
An employee may not use vacation, sick leave, or extended sick leave to supplement temporary disability payments beyond a predetermined date of termination, or leave without pay. Any vacation credit remaining on the date of termination will be paid on a lump-sum basis.
The Lawrence Berkeley National Laboratory manager responsible for overseeing workers’ compensation claims shall submit an annual report to the DOE Site Office Contracting Officer. This report shall include:
A significant change to the Laboratory’s workers’ compensation coverage requires pre-approval by the DOE Site Office Contracting Officer.