HomeMy WebLinkAbout08 INDUSTRIAL DISABILITY RETIREMENT - MARK BLACK Agenda Item g
Reviewed:
,iii,r AGENDA REPORT City Manager 70P
�'GS�1� Finance Director N/A
MEETING DATE: JULY 21, 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MARK BLACK
SUMMARY
Adoption of the attached Resolution will certify that Mark Black is industrially disabled
from his position of Police Officer and enable CaIPERS to process his retirement.
RECOMMENDATION
Adopt Resolution No. 15-40 finding that Police Officer Mark Black is industrially disabled
from performing the duties of his position.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
An industrial disability retirement is retirement resulting from an employee's mental or
physical incapacity to perform his/her usual job duties as the result of a job-related
injury or illness. For local safety employees (e.g. sworn Police Officers) enrolled in the
California Public Employees' Retirement System (CaIPERS), the employer is required
to make a determination on a member's eligibility for industrial disability retirement.
In accordance with the California Public Employees Retirement Law (PERL), a local
safety employee qualifies for an industrial disability retirement if he/she 1) is
determined, on the basis of competent medical opinion, to be substantially incapacitated
from performing the usual and customary duties of his/her position, 2) the disability is
permanent or of an extended and uncertain duration, and 3) the cause of the injury or
illness is industrial, arising out of and in the course of employment.
In accordance with CaIPERS guidelines, as soon as it is believed that an employee is
unable to perform his/her job because of an industrial injury or illness that is expected to
be permanent or of an extended and uncertain duration, the employee (or the employer
on his/her behalf) should submit an application for industrial disability retirement. The
City Council Agenda Report
July 21, 2015
Industrial Disability Retirement of Mark Black
Page 2
City was recently notified that Mark Black has submitted an application for industrial
disability retirement to CalPERS.
Mark Black has been employed by the City of Tustin as a Police Officer for
approximately 20 years. Officer Black filed a workers' compensation claim on April 28,
2013 for injury to his left ear resulting from an explosion at the Orange County Central
Jail in Santa Ana, sustained while he was booking a prisoner. A Panel Qualified Medical
Evaluator (PQME) in otolaryngology (an ear, nose, and throat specialist), a doctor
agreed upon by the City's third -party workers' compensation claims administrator and
the employee's attorney, was ultimately retained to evaluate Officer Black's medical
condition and make a determination on his status. This claim was accepted as
industrially related.
With the exception of two brief periods of modified duty (in May 2013 and September
2014), Officer Black has been continuously off work while temporarily totally disabled
since May 2013. The length of Officer Black's leave was extended due to difficulties in
obtaining conclusive medical information from his treating physicians. This month we
learned that the PQME has now concluded that as of May 13, 2015, Officer Black's
injuries will last for an extended and uncertain duration and that his injuries have caused
a number of work restrictions that will substantially incapacitate him from performing the
usual and customary duties of a Police Officer with the City of Tustin. The City's
workers' compensation administrator, workers' compensation attorney, and staff are in
agreement with these findings. The Police Department does not have any permanent
modified duty positions that can accommodate Officer Black's medical restrictions.
Considering the above, staff, the City's workers' compensation administrator, and the
City's workers' compensation legal counsel all believe that the City has all information
necessary to determine that Mark Black is industrially disabled from his position as a
Police Officer. 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.
)JJ -�)
Derick Yasuda
Director of Human Resources
Attachments:
1. City Council Resolution No. 15-40
RESOLUTION NO. 15-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT MARK BLACK, 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 retirement of Mark Black,
employed by the Agency in the position of Police Officer, has been filed with CalPERS;
and
WHEREAS, the City of Tustin has reviewed the medical and other evidence
relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin does hereby find and determine that Mark Black is incapacitated within the
meaning of the PERL from performing his usual and customary duties in the position of
Police Officer; and
BE IT FURTHER RESOLVED that the City of Tustin 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 Black 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, and that no dispute as to the expiration of such leave rights is pending. His last
day on paid status was May 13, 2015 and his retirement will be effective May 14, 2015.
There is a possibility of third party liability. Advanced Disability Pension Payments will
be made. The primary disabling condition is an otolaryngology condition.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 21St day of July 2015.
Resolution 15-40
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CHARLES E. PUCKETT
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. 15-41 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21s` day of
July 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 15-40
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