Frequently Asked Questions - Supervisors
Q. What is a Delay in Decision?A. A Delay in Decision is a notice sent by Sedgwick CMS to an injured worker when there is a question related to the compensability of the injury.
Q. Can I, as a department supervisor, be personally sued?
A. As a general rule, no, unless you act outside your scope of employment with “serious and willful misconduct” or discrimination. In such cases, you may be held personally liable. In addition to seeking an increase in benefits, an employee may pursue civil remedies.
If an employer knowingly violates a safety order and the violation is the cause of the injury, it will constitute serious and willful misconduct. Also, if the employer fails to provide a safe place to work as required by law, the intent required for serious and willful misconduct may be inferred.
The term “willful” means that the conduct was intended. “Misconduct” is defined as “inappropriate behavior.” An employee seeking an increase in benefits must prove that the employer’s conduct involved an intent to injure or showed a reckless disregard for employee safety.
If an employer discharges, threatens to discharge, or discriminates against an employee because he or she has filed or made known an intention to file an application for adjudication, or because the employee has received a rating, award, or settlement, the employer is guilty of a misdemeanor.
If you are found to have caused an injury by serious and willful misconduct or to have discriminated against an employee, the department will be responsible for the payment of any award or increase in benefits that results.
Q. Does an employee lose employment service credits for the time lost because of a work injury?
A. No, provided the injury is accepted by Sedgwick CMS and the employee remains on the payroll.
Q. What is my reporting responsibility regarding employees with recurring injuries who lose time off and on or who re-injure themselves at work?
A. Any time an employee loses one day or more from work because of a work injury, call the Benefit Services Office to report the lost time. The Benefit Services Office will relay this information to Sedgwick CMS to avoid delays in claims processing or in providing disability payments.
Q. How should I report my employee’s time off on Workers’ Compensation?
A. Note“WC” for time claimed for the injury. You will receive an Employee Profile from the Benefit Services Office for each temporary disability check sent to the injured employee so that your department knows which time period is being covered by Workers’ Compensation.
Q. When can I replace an employee who is out on Workers’ Compensation?
A. You can temporarily replace an injured employee according to personnel policies and collective bargaining agreements. An injured employee who is on pay status (full pay or Extended Sick Leave) cannot be medically separated. If you wish to replace an employee who is out on Workers’ Compensation, contact the UCOP Employee and Labor Relations Manager, Rene Jackson at (510) 987-0879.