The Los Angeles Times published the results of its investigation of the costs of the City of Los Angeles public safety worker injuries. It concluded that Los Angeles’ police and firefighters take paid injury leave at significantly higher rates than public safety employees elsewhere in California. 1 in 5 Los Angeles police officers and firefighters took paid injury leave at least once last year, and that not only are the number of leaves going up, but they are getting longer. Taxpayers spent $328 million over the last five years on salary, medical care and related expenses for employees on injury leave. While on leave for a work-related injury, a police officer or firefighter earns 100% of his or her salary – but is exempt from federal or state taxes for a year. So it is actually more lucrative not to work than it is to work. Oh, and the state Legislature has repeatedly expanded the kinds of work-related “injuries” covered by the policy.
California legislators first mandated 100% pay for injured public safety employees during the Great Depression to ensure that those protecting the public wouldn’t hesitate to chase a criminal or run into a burning building for fear of losing their livelihood. Over the years, lawmakers and local officials have expanded the range of ailments deemed to be job-related. They now include sore backs, heart disease, stress, cancer – even Lyme disease. Because police and firefighters are expected to stay in shape, an injury sustained playing racquetball at a firehouse would be covered. An LAPD officer recently was granted injury leave after he hurt himself bench pressing 400 pounds at the Police Olympics in Las Vegas. The increased leaves are putting a financial squeeze on emergency services in Los Angeles.
Total salaries paid to city public safety employees on leave increased more than 30% – to $42 million a year – from 2009 through 2013, the five-year period studied by The Times. The number who took leaves grew 8%, and they were out of work an average of nearly 9 weeks – a 23% increase compared with 2009. The increased frequency and cost of leaves has forced the Fire Department to spend millions of dollars a year in overtime and reduced the number of police officers on the street.
City leaders across California say the very design of the injured-on-duty program, IOD for short, invites abuse. Because injury pay is exempt from both federal and state income taxes, public safety employees typically take home significantly more money when they’re not working. And time spent on leave counts toward pension benefits. “What’s the incentive to come back to work?” asked Frank Neuhauser, executive director of the Center for the Study of Social Insurance at UC Berkeley and a leading workers’ compensation researcher. The rate of claims in Los Angeles “is astronomical,” he said. “It boggles the mind.”
Nineteen percent of L.A. police and firefighters took at least one injury leave last year, a rate significantly higher than those of other large local governments, The Times found. For public safety employees of L.A. County and the city and county of San Francisco, the rate was 13%. In Long Beach, it was 12%. In San Diego, it was 10%. In all, L.A. police and firefighters on injury leave collected $197 million in salary from 2009 through 2013. Taxpayers spent an additional $131 million on their medical care, disability payments and related expenses, Personnel Department data show. A disproportionate amount of injury pay went to a small fraction of employees who took leaves again and again, sometimes reporting a new injury just as a previous leave was about to expire.
Fewer than 5% of injury claims by L.A. police and firefighters over the five years studied by The Times were attributed to acts of violence, smoke inhalation or contact with fire or extreme heat, Personnel Department data show. Most common are leaves for “cumulative trauma” – an umbrella term for medical problems that are not linked to a specific on-the-job injury. Those claims run the gamut of ailments that can afflict aging bodies regardless of profession: back strain, knee strain, high blood pressure, carpal tunnel syndrome. Cumulative trauma accounts for “the bulk of our big claims,” typically filed by officers nearing retirement, said Karl Moody, a lawyer and former Los Angeles police officer who is head of workers’ compensation investigations for the city attorney’s office.
Los Angeles officials can’t say for sure why the city has so many workers filing injury claims or how many may be illegitimate. That’s a big problem. City officials offer a number of theories for the rise in claims and costs: an aging workforce; delays in approval of medical treatment; and the cuts in police overtime, which eliminated a key financial incentive for injured officers to return to work quickly. But among the most frequently cited explanations is a kind of cultural shift in the workforce – as employees see their colleagues take more and longer leaves, they do the same. “I would say, without any ill-intent, it just becomes a practice,” said David Luther, interim general manager of the city’s Personnel Department. “It becomes somewhat automatic.” Mayor Eric Garcetti has promised a back-to-basics agenda, and here’s a pretty basic one for him to work on. He and the City Council must investigate why Los Angeles has such high rates of injury claims by police officers and firefighters and then commit to reforms that reduce fraud and abuse of a system designed to protect workers in high-risk professions.