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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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Old 08-04-2018, 2:45 PM
tcop143 tcop143 is offline
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Default Service retirement pending work comp dispo

Hello all,
I find myself in a situation I was hoping to avoid, but here I am none the less. Iíve been on modified duty for the last nineteen months with a low back injury. Itís truly disgraceful how this process has gone, but thatís a whole different thread.

I turned fifty last month, and after twenty one years of service, the odds of me being able to return to full duty are pretty slim. The question I have to pose is have any of my brothers or sisters out there taken a service retirement pending a workers comp dispo, and if so, what was your experience? I understand if apply for such a retirement I lose the right to return, but other than that I have no idea what to expect. My attorney, while essential, is less than a fountain of information for me, and I donít know anyone that has found themselves in a similar situation. Any experience that might be shared would be appreciated.
Thanks!
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Old 08-04-2018, 2:53 PM
AG166 AG166 is offline
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Old 08-04-2018, 9:26 PM
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Spanky8601 Spanky8601 is offline
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If you take a service retirement (pending a medical) Pers will make it very difficult IRS wise if it becomes a medical. So the tax free portion will be difficult and will require more attorney knowledge.
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Old 08-05-2018, 12:04 AM
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Ron-Solo Ron-Solo is offline
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I took a regular service retirement pending my service connected disability retirement. I was not in CalPers, but in the Los Angeles County system, LACERA.

I had 32.5 years of service with the county and was 54 1/2 when I retired. It took almost two years after I retired before the SCD was approved. LACERA is currently taking about 18 months to approved SCD retirements. I had used all of my 4850 time so I had no choice. Fortunately, I had enough years on the job to take a decent service retirement. Once the SCD was approved, LACERA provided me with revised 1099 forms for the lower tax liability and we had to file amended returns for those two years. It was a nice refund.

I did mine without a lawyer handling the retirement portion, just the Workers Comp side. My case was pretty straightforward however, on the retirement side. LACERA acts totally independent from Workers Comp.

I don’t know squat about how CalPers works.
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Old 08-09-2018, 4:59 PM
patbass63 patbass63 is offline
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Sounds like you might be a little ahead of yourself on this. Is your back injury AOE/COE? What was the diagnosis? Are you surgical? Has your Dr. said you're at MMI or whether you're P&S? (Maximum Medical Intervention or Permanent & Stationary) Has the WCAB (Work comp board) sent you or your attorney any paperwork regarding a decision in your case? If your attorney isn't explaining these things to you in detail, you might want to find another lawyer. Work Comp is complex, especially after all the reforms that came about in the early 2000's and getting SSD disability retirement is another minefield and more difficult than ever. I'm not in LE but I had massive back surgery in '97 when I was 34, and have 30 years in my industry. I'm still working and will be for at least another 10-15 years. (Work Comp IS&H) One of my siblings is a 25 yr work comp atty formerly in CA but now out of state, so I know a fair bit about the system. You're right, it has a lot of flaws and navigating the system can be like walking thru a mine field for the inexperienced, even those with attorney representation. Good luck and get well soon. Back problems are horrible. I wouldn't wish them on anyone. :-(

Last edited by patbass63; 08-09-2018 at 5:07 PM..
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Old 08-11-2018, 4:10 PM
tcop143 tcop143 is offline
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Quote:
Originally Posted by patbass63 View Post
Sounds like you might be a little ahead of yourself on this. Is your back injury AOE/COE? What was the diagnosis? Are you surgical? Has your Dr. said you're at MMI or whether you're P&S? (Maximum Medical Intervention or Permanent & Stationary) Has the WCAB (Work comp board) sent you or your attorney any paperwork regarding a decision in your case? If your attorney isn't explaining these things to you in detail, you might want to find another lawyer. Work Comp is complex, especially after all the reforms that came about in the early 2000's and getting SSD disability retirement is another minefield and more difficult than ever. I'm not in LE but I had massive back surgery in '97 when I was 34, and have 30 years in my industry. I'm still working and will be for at least another 10-15 years. (Work Comp IS&H) One of my siblings is a 25 yr work comp atty formerly in CA but now out of state, so I know a fair bit about the system. You're right, it has a lot of flaws and navigating the system can be like walking thru a mine field for the inexperienced, even those with attorney representation. Good luck and get well soon. Back problems are horrible. I wouldn't wish them on anyone. :-(
Not MMI/P&S yet, and I may be getting a little ahead of myself. Not knowing what to expect out of this whole ordeal is driving me nuts. One doc tells me the odds of me being able to return to uniformed duty is slim, while the other flat out told me I was done, which makes it even worse. Iím not sure what AOE/COE means, but Iím being told surgery is going to be needed. Itís just a matter of how much I can take before surrendering to the scalpel. It sounds like your surgery went well, which is good. I canít say Iím eager to go under the knife though. I appreciate the well wishes and info.
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