The appellate courts in California were busy last week as they issued a number of opinions. Below are brief summaries of two such cases that impact public entities.
As the 2017 year winds down and we gear up for 2018, we take this opportunity to examine legislation that was passed in 2017 that will impact some, if not all, of the EIA’s members in 2018 and beyond.
For several years now, the Centers for Medicare and Medicaid Services (CMS) has been ramping up its efforts to recoup as much money as possible from organizations that have primary responsibility for payment of medical claims. This includes pursuing amounts expended for treatment by Medicare in relation to workers’ compensation claims.
If a police officer recruit cannot perform the essential functions of their job because of an injury suffered during their time at the Police Academy, can the officer prevail on a claim for disability discrimination or failure to accommodate? In the recent case of Atkins v. City of Los Angeles, No. B257890, Second Dist., Div. Seven (Feb. 14, 2017), the Court dealt with such a case, providing guidance on how to analyze these claims in a police setting and instructing how to challenge a future wage loss award.
For member agencies that have police departments, the recent case of Schmidt v. CHP (2016) 1 Cal. App. 5th 1287, serves as a reminder of the potential exposure to civil litigation if your agency is not complying with the Penal Code as it pertains to paperwork detailing arrests and detentions.
EIA members with public safety officer departments should make sure that reasonable advance notice regarding the nature of allegations against an officer is being provided. Complying with this requirement will help ensure that disciplinary action against an officer does not get overturned because the entity has violated the procedural requirements of the POBRA.
The landscape for litigating employment cases brought under the California Fair Employment and Housing Act (FEHA) was recently altered by the California Supreme Court in Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4th 97…
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