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HomeMy WebLinkAbout05 INDUSTRIAL DISABILITY RETIREMENT - MARK HOCEVARy GSTti MEETING DATE: TO: FROM: SUBJECT: AGENDA REPORT AUGUST 20, 2013 JEFFREY C. PARKER, CITY MANAGER Agenda Item 5 Reviewed: City Manager Finance Director VMLA-- CHARLES H. ROBINSON, DEPUTY CITY MANAGER AND DERICK YASUDA, HUMAN RESOURCES MANAGER FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MARK HOCEVAR Adoption of the attached Resolution will certify that Mark Hocevar is industrially disabled from his position of Police Officer and allow CalPERS to process his retirement in a timely manner. RECOMMENDATION Adopt Resolution No. 13 -76 finding that Police Officer Mark Hocevar is industrially disabled from performing the duties of his position. FISCAL IMPACT None. BACKGROUND AND DISCUSSION As members of the California Public Employees' Retirement System (CaIPERS), a local safety employee (e.g. sworn Police Officer) may be granted an industrial disability retirement when the governing body of the agency adopts a resolution finding and determining that the employee is industrially disabled from his /her position. Mark Hocevar has been employed by the City of Tustin as a Police Officer for approximately 19 years. Officer Hocevar sustained a continuous trauma injury to his back over the duration of his employment with the City of Tustin. Under California's workers' compensation law, back injuries are presumed work - related for sworn Police Officers. In addition to the back injury, Officer Hocevar also has sustained injuries to his right shoulder and bilateral knees, as well as hypertension. Officer Hocevar has been temporarily totally disabled due these injuries since November 20, 2012. The primary treating physician reports that Officer Hocevar has permanent work restrictions of no lifting more than 20 pounds and no kneeling, crawling, or climbing City Council Agenda Report August 20, 2013 Industrial Disability Retirement of Mark Hocevar Page 2 stairs or ladders. The medical findings also indicate that this condition is permanent, with no expectation of significant improvement. Based on all available medical and vocational information, these restrictions substantially incapacitate Officer Hocevar from performing his duties as a Police Officer. Officer Hocevar has submitted to CalPERS an application for retirement pending your finding that he is industrially disabled. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability retirement and allow CalPERS to process his retirement application. I Lv- Derick Yasuda Human Resources Manager Attachments: 1. City Council Resolution No. 13 -76 C arles H. Robinson Deputy City Manager RESOLUTION NO. 13-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MARK HOCEVAR, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER WHEREAS, the City Of Tustin (hereinafter referred to as Agency) is a contracting agency of the California Public Employees' Retirement System (CaIPERS); and WHEREAS, the California Public Employees' Retirement Law (PERL) requires that a contracting agency determine whether an employee of such agency in employment in which he /she is classified as a local safety member is disabled for purposes of the PERL and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for the industrial disability of Mark Hocevar, employed by the Agency in the position of Police Officer, has been filed with CalPERS; and WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin find and determine and it does hereby find and determine that Mark Hocevar is incapacitated within the meaning of the PERL from the performance of his duties in the position of Police Officer; and BE IT FURTHER RESOLVED that the City of Tustin find and determine and it does hereby find and determine that such disability is a result of injury or disease arising out of and in the course of employment. Neither said Mark Hocevar nor the Agency has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21166 whether such disability is industrial; and BE IT FURTHER RESOLVED that the member will be separated from his position of Police Officer effective July 31, 2013 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was July 31, 2013. There is not a possibility of third party liability. Advanced disability payments will be made. The primary disabling condition is orthopedic. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20th day of August 2013. Resolution 13 -76 Page 1 of 2 ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 13 -76 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of August 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 13 -76 Page 2 of 2