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Home My WebLink About07 INDUSTRIAL DISABILITY RETIREMENT OF JOHN STRAINAgenda Item 7 � Reviewed: AGENDA REPORT City Manager Finance Director —N/A MEETING DATE: APRIL 16, 2019 TO: MATTHEW S. WEST, ACTING CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JOHN STRAIN SUMMARY Adoption of the attached Resolution will certify that John Strain is industrially disabled from his position of Police Lieutenant and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 19-13 finding that Police Lieutenant John Strain 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 Lieutenants) 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 16, 2019 Industrial Disability Retirement of John Strain 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. John Strain has been employed by the City of Tustin for approximately 25 years, the last 12 years of which as Police Lieutenant. On April 19, 2018, he filed a cumulative trauma workers' compensation claim for hypertension and sleep disorder. On August 1, 2018, Lt. Strain attended a qualified medical evaluation (QME) with Internist Craig C. Joseph, for the purpose of determining causation and identifying functional work restrictions. Dr. Joseph reported that Lt. Strain was temporarily totally disabled (TTD) and took him off work as of September 11, 2018, triggering his benefit of salary continuation pursuant to LC 4850. Additionally, Dr. Joseph confirmed that Lt. Strain's condition is directly related to his employment with the City in the Police Department. Based on Dr. Joseph's reporting and the City's third -party workers' compensation administrator's recommendation, the City accepted his claim as industrially related. After a subsequent evaluation on November 25, 2018, Dr. Joseph permitted Lt. Strain to return to work, provided that performance of his duties did not adversely impact his medical condition. Based on this reporting, Lt. Strain returned to full duty on January 7, 2019. However, following a return of symptoms he was taken off work again on January 18, 2019 and has remained off work since that time. Dr. Joseph provided a supplemental report on April 1, 2019, confirming that Lt. Strain has permanent work restrictions that preclude him from performing his usual and customary duties as he cannot be exposed to "excessive stress" due to his hypertension and sleep disorder. Based on Dr. Joseph's reporting, Lt. Strain is 1) substantially incapacitated from performing the usual and customary duties of a Police Lieutenant, 2) his disability is permanent and 3) completely the result of his duties as a Police Lieutenant. 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 Lt. Strain is industrially disabled from his position as a Police Lieutenant in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability and allow CalPERSto process his IDR application. City Council Agenda Report April 16, 2019 Industrial Disability Retirement of John Strain Page 3 Prepared by: i Katyn R znos Sen' r Manage ent nalyst Attachments: 1. City Council Resolution No. 19-13 Approved by: Wl--- Derick Yasuda Director of Human Resources RESOLUTION NO. 19-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JOHN STRAIN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT 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 John Strain, employed by the City in the position of Police Lieutenant, for cardiovascular and sleep disorder 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 John Strain is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of his duties in the position of Police Lieutenant 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). John Strain 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 John Strain 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 Lieutenant effective April 14, 2019 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was April 14, 2019 and his retirement date will be April 15, 2019. Resolution 19-13 Page 1 of 3 There is not a possibility of third party liability. Advanced Disability Pension Payments will be made. The payments will be made monthly in the amount of $6,499.00 beginning May 31, 2019. A prorated payment will be made on April 30, 2018 in the amount of $3,033.00 for the period of April 15 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 16th day of April 2019. ATTEST: ERICA N. YASUDA City Clerk CHARLES E. PUCKETT Mayor Resolution 19-13 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. 19-13 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of April 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Resolution 19-13 Page 3of3