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<br />III. <br /> <br />This memorandum shall not apply to the "Covered Party's" obligation to pay salary in <br />lieu of temporary disability benefits as required by labor Code Section 4850, except to <br />the extent that the "Covered Party" or the Authority would be obligated to pay <br />temporary disability benefits if labor Code Section 4850 did not apply. <br /> <br />IV. <br /> <br />This memorandum shall not apply to the "Covered Party's" obligations pursuant to <br />labor Code 4856. This code section obligates the employer to provide health benefits <br />to the surviving spouse and/or minor children of any fire fighter or peace officer killed <br />in the performance of his or her duty or who dies as a result of an accident or injury <br />caused by external violence or physical force incurred in the performance of his or her <br />duty. The costs associated with these obligations are recognized as State mandated <br />costs and are, therefore, recoverable from the State. <br /> <br />V. <br /> <br />As to the coverages described in Section 1 (A), "Covered Party" shall be responsible <br />for any payments in excess of the benefits regularly provided by the workers' <br />compensation law including the following, and any payment by "Covered Party" in <br />excess of the benefits regularly provided by the workers' compensation law, including <br />the following, shall not be included in computing the retention amount stated in Item <br />4(a) of the Declarations: <br /> <br />A. Discharge, coercion, or other discrimination against any employee in <br />violation of the workers' compensation law including but not limited to claims <br />relating to or in any way arising out of California labor Code §132a. <br /> <br />CONDITIONS <br /> <br />I. <br /> <br />SELF-INSURANCE: In the case of operations conducted by any person, firm or <br />organization named in the Declarations as the "Covered Party": <br /> <br />A. As respects which such "Covered Party" has rejected the "Workers' <br />Compensation Act" of any of the named states or any part of such act, or <br /> <br />B. Which are subject to the "Workers' Compensation Act" of any such state <br />and are conducted at a time when such "Covered Party" is not a duly <br />qualified self-insurer under such "Workers' Compensation Act" as <br />respects such operations, <br /> <br />the amount of "loss" resulting from such operations shall, for the purpose of this <br />Memorandum, be considered not to exceed the amount of "loss" which would have <br />been produced had such operations been subject to such act and had such "Covered <br />Party" been a duly qualified self-insurer under such "Workers' Compensation Act" <br />as respects such operations at the time such operations were conducted, but in no <br />event shall this Memorandum apply to "loss" arising out of operations as respects <br />which the "Covered Party" carries full coverage for Workers' Compensation and <br />Employer's Liability. <br /> <br />Form 7/1/2004 <br /> <br />Page 4 of 8 <br /> <br />. ._.._.._...__....~- <br />