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HomeMy WebLinkAbout04 FINDING & DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES BRABECKAgenda Item 4 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: APRIL 2, 2019 TO: MATTHEW S. WEST, ACTING CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES BRABECK SUMMARY Adoption of the attached Resolution will certify that James Brabeck is industrially disabled from his position of Police Sergeant and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 19-11 finding that Police Sergeant James Brabeck is industrially disabled from performing the duties of his position. FISCAL IMPACT ►C7M BACKGROUND AND DISCUSSION An industrial disability retirement (IDR) 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 Sergeants) enrolled in the California Public Employees' Retirement System (CaIPERS), state law requires the employer to make a determination on a member's eligibility for IDR. In accordance with the California Public Employees Retirement Law (PERL), a local safety employee qualifies for an IDR 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 April 2, 2019 Industrial Disability Retirement of James Brabeck 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 IDR. James Brabeck has been employed by the City of Tustin for 21 years, the last four (4) years of which as Police Sergeant. On July 15, 2017, Sgt. Brabeck filed a workers' compensation claim for cumulative trauma to the lumbar and cervical spine and left knee. On October 4, 2018, Sgt. Brabeck amended his claim to include the heart and hypertension. All claimed body parts/conditions were ultimately accepted as being industrial and arising out of the course of performing his usual and customary duties as a Sergeant. Sgt. Brabeck has treated for all claimed injuries since the dates of filing. Following a catheterization and stenting procedure on October 1, 2018, Sgt. Brabeck was taken off work and has been receiving salary continuation benefits pursuant to LC 4850. Sgt. Brabeck attended an agreed medical evaluation (AME) with Internist Dr. Jeffrey Hirsch, on January 15, 2019. The purpose of the AME was to obtain competent medical opinion regarding Sgt. Brabeck's permanent and stationary (P&S) or maximum medical improvement (MMI) status and if there are any permanent work restrictions related to his cardiovascular condition. On January 23, 2019, the City received notice from Dr. Hirsch stating that Sgt. Brabeck's cardiovascular condition had reached maximum medical improvement with a restriction of no undue and excessive stress. This restriction precludes Sgt. Brabeck from performing the usual and customary duties associated with the position of Police Sergeant. 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 James Brabeck is industrially disabled from his position as a Police Sergeant 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 his industrial disability and allow CalPERS to process his IDR application. Prepared by: Karyn Roz os Senro anage ent A alyst Attachments: 1. City Council Resolution No. 19-11 Approved by: Derick Yasuda Director of Humin Resources RESOLUTION NO. 19-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JAMES BRABECK, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE SERGEANT 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 James Brabeck, employed by the City in the position of Police Sergeant, for Cardiovascular 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 James Brabeck is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of his duties in the position of Police Sergeant 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). James Brabeck had filed a Workers' Compensation claim for his 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 James Brabeck 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 his position of Police Sergeant effective April 3, 2019 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was April 2, 2019 and his retirement date will be April 3, 2019. Resolution 19-11 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 $5,437.00 beginning May 31, 2019. A prorated payment will be made on April 30, 2019 in the amount of $5,074.00 for the period of April 3 through April 30, 2019. The primary disabling condition is cardiovascular. 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 2nd day of April 2019. ATTEST: ERICA N. YASUDA City Clerk CHARLES E. PUCKETT Mayor Resolution 19-11 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE 1 SS CITY OF TUSTIN 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. 19-11 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of April 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Resolution 19-11 Page 3 of 3