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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 Page 1 of 2 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 Page 2 of 2