HomeMy WebLinkAbout09 INDUSTRIAL DISABILITY RETIREMENT OF MICHAEL SHRODEMEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY
AGENDA REPORT
OCTOBER 6, 2015
JEFFREY C. PARKER, CITY MANAGER
Agenda Item
Reviewed:
City Manager
Finance DirectorN/A
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MICHAEL SHRODE
Adoption of the attached Resolution will certify that Michael Shrode is industrially
disabled from his position of Police Officer and enable CalPERS to process his
retirement.
RECOMMENDATION
Adopt Resolution No. 15-73 finding that Police Officer Michael Shrode 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 CalPERS 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
City Council Agenda Report
October 6, 2015
Industrial Disability Retirement of Michael Shrode
Page 2
on his/her behalf) should submit an application for industrial disability retirement. The
City was recently notified that Michael Shrode has submitted an application for industrial
disability retirement to CalPERS.
Michael Shrode has been employed by the City of Tustin as a Police Officer for
approximately 22 years. Officer Shrode has filed two Cumulative Trauma workers'
compensation claims, one for the lumbar spine on July 20, 2012 and the other for
bilateral feet on June 2, 2013. An Agreed Medical Evaluator (AME), an independent
doctor agreed upon by the City's third -party workers' compensation claims administrator
and the employee's attorney, was retained to evaluate Officer Shrode's medical
condition. In light of the AME's findings, these claims were both accepted as industrially
related.
For the majority of the past two years, Officer Shrode has been unable to perform his
regular duties due to one or both of his industrial injuries and has been working in a
modified duty capacity or unable to work at all. Since June 2014, Officer Shrode has
been temporarily totally disabled and off work continuously. We recently confirmed that
the AME has concluded that as of May 4, 2015, Officer Shrode'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.
Officer Shrode's rights to salary continuation benefits under Labor Code Section 4850
have expired and he is no longer eligible for the state's temporary total disability
payments. The Police Department does not have any permanent modified duty
positions that can accommodate Officer Shrode'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 Michael Shrode 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.
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Derick Yasuda
Director of Human Resources
City Council Agenda Report
October 6, 2015
Industrial Disability Retirement of Michael 5hrode
Page 3
Attachments:
1. City Council Resolution No. 15-73
RESOLUTION NO. 15-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT MICHAEL
SHRODE, 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 retirement of Michael
Shrode, 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 Michael Shrode 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 Michael Shrode 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 4, 2015 and his retirement will be effective May 5, 2015.
There is not a possibility of third party liability. Advanced Disability Pension 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 6th day of October 2015.
Resolution 15-73
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CHARLES E. PUCKETT
Mayor
ATTEST:
ERICA N. RABE
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF TUSTIN }
I, Erica N. Rabe, 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. 15-73 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t' day of
October 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE
City Clerk
Resolution 15-73
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