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HomeMy WebLinkAbout05 FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES OLDSAgenda Item 5 Reviewed: w% AGENDA REPORT City Manager �f Finance Director /A MEETING DATE: DECEMBER 17, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CHARLES H. ROBINSON, DEPUTY CITY MANAGER AND DERICK YASUDA, HUMAN RESOURCES MANAGER SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES OLDS SUMMARY Adoption of the attached Resolution will certify that James Olds 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 -95 finding that Police Officer James Olds 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 (CalPERS), 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. James Olds has been employed by the City of Tustin as a Police Officer for approximately 10 years. Officer Olds filed a workers' compensation claim on October 13, 2012 due to cardiac arrhythmia and the side effects caused by the medication taken to treat this condition, which include weakness and fatigue. Under California's workers' compensation law, heart- related illnesses are presumed work - related for sworn Police Officers. An Agreed Medical Evaluator (AME), a doctor agreed upon by the City's third - party workers' compensation claims administrator and the employee's attorney, was retained to evaluate Officer Olds' medical condition and the claim was ultimately accepted as industrially related. The AME has concluded that Officer Olds' heart City Council Agenda Report December 17, 2013 Industrial Disability Retirement of James Olds Page 2 condition substantially incapacitates him from performing the usual and customary duties of a Police Officer. Staff agrees with this finding. Officer Olds has been continuously temporarily totally disabled since October 24, 2012. The AME has recently certified that Officer Olds has reached maximum medical improvement and has noted that patients with this condition typically endure additional problems as they age. Offer Olds' rights to salary continuation benefits under Labor Code Section 4850 have expired, and since he has reached maximum medical improvement, he is not eligible for the state's temporary total disability payments. The Police Department does not have any permanent modified duty positions that can accommodate Officer Olds' medical restrictions. In short, since the AME has provided credible evidence that Officer Olds' medical condition precludes him from working as a Police Officer and that this condition is expected to last for the remainder of his life and the City does not have any permanent modified duty assignments that can accommodate his work restrictions, Officer Olds is entitled to an industrial disability retirement. A retirement application has been submitted to CalPERS pending your finding that Officer Olds is industrially disabled from his position. 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. Derick Yas a Human Resources Manager Attachments: 1. City Council Resolution No. 13 -95 ,0,////j//,0,00014-- e- " Charles H. Robinson Deputy City Manager RESOLUTION NO. 13 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JAMES OLDS, 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 (CalPERS); 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 James Olds, employed by the Agency in the position of Police Officer, has been filed with CaIPERS; 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 James Olds 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 James Olds 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 after expiration of his rights under Section 21164, Government Code, effective December 2, 2013 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was December 1, 2013. There is not a possibility of third party liability. Advanced disability payments will be made. The primary disabling condition is cardiovascular. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th day of December 2013. Resolution 13 -95 Page 1 of 2 ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 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 -95 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of December 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 13 -95 Page 2 of 2