HomeMy WebLinkAbout08 INDUSTRIAL DISABILITY SEAN WHITELEY DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
Agenda Item 8
Reviewed:
AGENDA REPORT City Manager 5W
Finance Director N/A
MEETING DATE: AUGUST 18, 2020
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF SEAN WHITELEY
SUMMARY
Adoption of the attached Resolution will certify that Sean Whiteley is industrially
disabled from his position of Police Sergeant and enable CalPERS to process his
industrial disability retirement.
RECOMMENDATION
Adopt Resolution No. 20-52 finding that Police Sergeant Sean Whiteley 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
DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
City Council Agenda Report
August 18, 2020
Industrial Disability Retirement of Sean Whiteley
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 Whiteley has been employed by the City of Tustin for 21 years, the last seven (7)
years of which as Police Sergeant. On September 17, 2018, Sgt. Whiteley filed a
workers' compensation claim for an injury he sustained when his right knee shifted out
of place when his leg came in contact with a bench in men's locker room. The claim was
accepted as being industrial and arising out of the course of performing his usual and
customary duties as a Sergeant. On April 2, 2019, Sgt. Whitley amended his claim by
adding the low back as a compensable consequence to his knee injury. Sgt. Whiteley
has treated for both injuries continuously since the date of filing.
Initially, Sgt. Whiteley returned to work with restrictions that were accommodated in a
modified duty desk assignment. On February 21, 2019, Sgt. Whiteley was placed on
industrial disability leave pursuant to Labor Code 4850 as his doctor reported that he
was totally temporarily disabled (TTD) and not able to perform his usual and customary
duties. On February 19, 2020, he exhausted his LC 4850 benefits, one full year of
salary continuation. Since he remained TTD he was then eligible to receive temporary
disability (TD) benefits administered by the City's third-party workers' compensation
administrator.
Sergeant Whiteley treated with physical therapy and pain management for his knee and
low back. He was evaluated for surgery for both the low back and right knee, however
neither are recommended for surgery. On March 19, 2020, Sergeant Whiteley was
evaluated by Qualified Medical Evaluator (QME) Dr. Hardy for the purpose of the
addressing his permanent and stationary (P&S) or maximum medical improvement
(MMI) status. Dr. Hardy's report, received May 13, 2020, states that Sergeant Whiteley
has reached MMI status and is unable to run, jump or climb at heights, perform high
impact activities, perform arrest and control activities, perform repetitive bending and
twisting, sit for over an hour or perform heavy lifting, which makes him unable to
perform the usual and customary duties associated with his position. Sergeant
Whiteley's diagnoses include right knee anterior horn lateral meniscus tear,
chondromalacia, a prior post right knee two stage reconstruction, lumbar compression
fractures with annular tears and facet arthropathy, and disc herniation.
On May 25, 2020, since he already qualified for a service retirement based on his age
and years of service, Sergeant Whiteley resigned from employment with the City of
Tustin and exercised his option to file for a service retirement, pending an IDR, effective
May 26, 2020.
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
DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
City Council Agenda Report
August 18, 2020
Industrial Disability Retirement of Sean Whiteley
Page 3
determine that Sean Whiteley is industrially disabled from his position as a Police
Sergeant 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 CalPERS to process his OR application.
Prepared by: Approved by-
6'VV' t�6'jV'hS 2L
Karyn Roznos Derick Yasuda
Senior Management Analyst Director of Human Resources
Attachments:
1. City Council Resolution No. 20-52
DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
RESOLUTION NO. 20-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT SEAN WHITELEY,
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
Whiteley, employed by the City in the position of Police Sergeant, for orthopedic
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 Whiteley 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).
Sean Whiteley 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 Whiteley 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 was separated from his position
of Police Sergeant effective May 25, 2020 and that no dispute as to the expiration of
such leave rights is pending. His last day on paid status was May 25, 2020 and his
retirement date is May 26, 2020.
Resolution 20-52
Page 1 of 2
DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
There is not a 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 Orthopedic.
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 18th day of August 2020.
DR. ALLAN BERNSTEIN
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
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. 20-52 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
August 2020, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 20-52
Page 2of2