HomeMy WebLinkAbout04 FINDING & DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF BRIAN CHUPPAgenda Item 4
Reviewed:
AGENDA REPORT City Manager
Finance Director 1A
MEETING DATE: NOVEMBER 15, 2016
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF BRIAN CHUPP
SUMMARY
Adoption of the attached Resolution will certify that Brian Chupp is industrially disabled
from his position of Police Officer and enable CalPERS to process his retirement.
RECOMMENDATION
Adopt Resolution No. 16-65 finding that Police Officer Brian Chupp is industrially
disabled from performing the duties of his position.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
Industrial Disability Retirement
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.
City Council Agenda Report
November 15, 2016
Industrial Disability Retirement of Brian Chupp
Page 2
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 on his/her behalf) should submit an application for industrial disability
retirement. In practice, CalPERS has defined "extended and uncertain duration" as a
period in excess of six months in which there are no reasonable assurances that the
employee will be able to return to work.
Police Officer Brian Chupp
Brian Chupp has been employed by the City of Tustin as a Police Officer for
approximately 15 years. Officer Chupp filed a workers' compensation claim on October
25, 2012, reporting that he experienced lower back pain after exiting his patrol vehicle
during a work shift on October 12, 2012. Officer Chupp was diagnosed with a sprain of
the lumbar spine and was unable to work from October 26, 2012 through July 7, 2013
due to this injury. After the medical reports were reviewed by the City's third -party
workers' compensation claims administrator, this claim was accepted as industrially
related.
After returning to work on July 8, 2013, Officer Chupp reported back pain again on
November 4, 2014. This injury was determined to be an aggravation of the prior back
injury sustained on October 12, 2012. Since November 4, 2014, a continuous period of
just over two years, Officer Chupp has been unable to return to work in any capacity.
During this period, Officer Chupp has been evaluated by a number of doctors, including
orthopedic specialists. Despite providing Officer Chupp with an extended amount of
leave time, well in excess of what is required by CaIPERS to process an industrial
disability retirement, the City has yet to receive any assurances from any of the treating
physicians that Officer Chupp will ever be able to return to his job as a Police Officer.
Since the City cannot provide an indefinite leave of absence and continue to keep a
much-needed Police Officer position vacant, at this point the City is left with no other
choice than initiating his industrial disability retirement.
The City's human resources/risk management staff, the City's third party workers'
compensation administrator, and the City's workers' compensation legal counsel all
believe that the City has all information necessary to determine that Brian Chupp 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 CaIPERS to process his retirement application.
City Council Agenda Report
November 15, 2016
Industrial Disability Retirement of Brian Chupp
Page 3
Derick Yasu
Director of Human Resources
Attachments:
1. City Council Resolution No. 16-65
RESOLUTION NO. 16-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT BRIAN CHUPP, 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 Brian Chupp,
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 Brian Chupp 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 Brian Chupp 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 November 15, 2016 and his retirement date will be November
16, 2016. There is no possibility of third party liability. Advanced Disability Pension
Payments will be made. The primary disabling condition is orthopedic (lumbar spine).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 15th day of November 2016.
Resolution 16-65
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JOHN NIELSEN
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. 16-65 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of
November 2016, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE
City Clerk
Resolution 16-65
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