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HomeMy WebLinkAbout05 FINDING & DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MELISSA TRAHANAGENDA REPORT MEETING DATE: JULY 17, 2018 TO: FROM SUBJECT: SUMMARY JEFFREY C. PARKER, CITY MANAGER Agenda Item 5 Reviewed: City Manager Finance Director DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MELISSA TRAHAN Adoption of the attached Resolution will certify that Melissa Trahan is industrially disabled from her position of Police Officer and enable CalPERS to process her industrial disability retirement. RECOMMENDATION Adopt Resolution No. 18-49 finding that Police Officer Melissa Trahan is industrially disabled from performing the duties of her 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 (CalPERS), state law requires the employer 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 City Council Agenda Report July 17, 2018 Industrial Disability Retirement of Melissa Trahan Page 2 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. Melissa Trahan has been employed by the City of Tustin as a Police Officer for approximately 12 years. On June 1, 2011, Officer Trahan filed a workers' compensation claim for her left knee, which was subsequently accepted. She underwent surgery on August 5, 2011 and returned to full duty on August 31, 2011. On February 2, 2017, Officer Trahan filled a cumulative trauma (CT) claim for the same knee which was accepted based on new and further damage/injury. On February 17, 2017, Officer Trahan had a total left knee replacement and has been totally temporarily disabled (TTD) since. On June 25, 2018, the City received communication from her primary treating physician, Dr. Kenneth Grabow stating: 1) Officer Trahan is substantially incapacitated from performing the usual and customary duties of a Police Officer, 2) Officer Trahan's disability is expected to be permanent and 3) her disability is completely the result of her duties as a police officer. Officer Trahan's restrictions include an inability to climb a 5 - foot wall as required by Peace Officer Standards and Training (POST), no repetitive impact exercising (e.g. running), no prolonged sitting greater than 20 minutes (which effectively preclude her from operating a patrol car), and limited climbing up and down stairs. Considering the above, the City's human resources staff and third -party workers' compensation administrator believe that the City has all the information necessary to determine that Melissa Trahan is industrially disabled from her position as a Police Officer in accordance with the criteria set forth in the PERIL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify her industrial disability and allow CaIPERS to process her industrial disability retirement application. Prepared by: KaVnRznos Skanage4,e!ntnalyst Attachments: 1. City Council Resolution No. 18-49 Approved rby^: ho ), /L- Derick Yasud Director of Human Resources RESOLUTION NO. 18-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MELISSA TRAHAN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER WHEREAS, the City of Tustin (hereinafter referred to as "City') is a contracting agency of the California Public Employees' Retirement System (CaIPERS); and WHEREAS, the California Public Employees' Retirement Law 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 California Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for the industrial disability retirement of Melissa Trahan, employed by the City in the position of Police Officer, for Orthopedic Disabilities, has been filed with CaIPERS; and WHEREAS, the City 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 Melissa Trahan is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of her duties in the position of Police Officer and does hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code section 21156(a)(2). Melissa Trahan had filed a Workers' Compensation claim for her disabling condition. The Workers' Compensation claim was accepted. 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 Melissa Trahan nor the City 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 her position of Police Officer after expiration of her rights under Government Code Section 21164, effective July 23, 2018 and that no dispute as to the expiration of such leave rights is pending. Her last day on paid status will be July 23, 2018 and her retirement date will be July 24, 2018. Resolution 18-49 Page 1 of 3 There is no possibility of third party liability. Advanced Disability Pension Payments will be made. The payments will be made monthly in the amount of $4,014.00 beginning August 31, 2018. A prorated payment will be made on July 31, 2018 in the amount of $1,036.00 for the period of July 24 through July 31, 2018. The primary disabling condition is orthopedic (left knee). The duration of the disability is expected to be permanent, which is certified by competent medical opinion. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17h day of July 2018. ELWYN A. MURRAY Mayor ATTEST: ERICA N. YASUDA City Clerk Resolution 18-49 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 I, Erica N. Yasuda, 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. 18-49 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of July 2018, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Resolution 18-49 Page 3 of 3