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HomeMy WebLinkAbout05 FINDING & DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF SEAN QUINNAgenda Item 5 Reviewed: AGENDA REPORT City Manager Finance Director 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 SEAN QUINN SUMMARY Adoption of the attached Resolution will certify that Sean Quinn is industrially disabled from his position of Police Sergeant and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 19-12 finding that Police Sergeant Sean Quinn is industrially disabled from performing the duties of his position. FISCAL IMPACT None. 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 Sean Quinn 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. Sean Quinn separated from City service on February 17, 2019 and submitted to CalPERS an application for a Service Retirement Pending Industrial Disability Retirement, with an effective date of February 18, 2019. For individuals who have reached the "normal" retirement age (age 50 for a Police Sergeant), filing for a Service Retirement Pending Industrial Disability Retirement allows him/her to receive a service retirement benefit while his/her IDR is being reviewed. Sean Quinn was employed by the City of Tustin for approximately 21 years, the last 12 years of which as Police Sergeant. On August 19, 2016, while participating in arrest and control training, Sgt. Quinn developed pain in his right ankle, which led him to seek treatment and file a Workers' Compensation claim. The claim was accepted and he began treatment and physical therapy, while still working full duty. Due to lack of improvement and worsening symptoms, he was referred to foot and ankle specialist, Dr. Steve Kang, who placed him on light duty. While on light duty, he developed deep vein thrombosis (DVT) in his right lower extremity and was taken off work as of April 17, 2017, due to medication that precluded him from fieldwork. On August 2, 2017, he underwent surgery to repair the Achilles and resolve the DVT. Due to ongoing use of medication prescribed to treat the DVT, Sgt. Quinn has not been able to return to work. He exhausted his full year of salary continuation pursuant to LC 4850 on April 16, 2018. Following this, he has received statutory temporary/permanent disability benefits through the City's workers' compensation third party administrator. On June 15, 2018, Dr. Kang reported Sgt. Quinn's ankle injury had reached maximum medical improvement (MMI) status with no restrictions. However, the related DVT had not yet resolved and additional treatment was necessary which Dr. Kang suggested be addressed by an internist. On October 29, 2018, Sgt. Quinn attended an agreed medical evaluation (AME) with Internist Dr. Jeffrey Hirsch. The purpose of the AME was to obtain competent medical opinion as to Sgt. Quinn's permanent and stationary (P&S) or MMI status and any permanent work restrictions related to the DVT. Dr. Hirsch's November 29, 2018 report states that Sgt. Quinn has reached the point of MMI in regards to his DVT, with a restriction of no prolonged standing and walking, and the ongoing need for medication, both of which preclude him from the usual and customary duty of fieldwork of a 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 Sean Quinn is industrially disabled from his position as a Police Sergeant in accordance with the criteria set forth in the PERL. Upon City Council City Council Agenda Report April 2, 2019 Industrial Disability Retirement of Sean Quinn Page 3 adoption of the attached resolution, staff will send the resolution to CaIPERS to certify his industrial disability and allow CaIPERS to process his IDR application. Prepared by: k e– �_' � — Karyn R nos Senior` anage e t Analyst Attachments: 1. City Council Resolution No. 19-12 Approved by: Derick Yasud Director of Human Resources RESOLUTION NO. 19-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT SEAN QUINN, 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 Sean Quinn, employed by the City in the position of Police Sergeant, for cardiovascular and pulmonary disabilities, has been filed with CalPERS; 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 Sean Quinn is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of his duties in the position of Police Sergeant for cardiovascular and pulmonary disabilities 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). Sean Quinn 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 Sean Quinn 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 voluntarily separated from his position of Police Sergeant prior to the 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 February 17, 2019 and his retirement date was February 18, 2019. Resolution 19-12 Page 1 of 3 There is no possibility of third party liability. Advanced Disability Pension Payments were not made, as the member filed for a Service Retirement Pending Industrial Disability Retirement. The primary disabling condition is cardiovascular and pulmonary. 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 19-12 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 19-12 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 19-12 Page 3 of 3