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HomeMy WebLinkAbout09 INDUSTRIAL DISABILITY MARK TURNER DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Agenda Item 9 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 MARK TURNER SUMMARY Adoption of the attached Resolution will certify that Mark Turner is industrially disabled from his position of Senior Officer I and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 20-53 finding that Senior Officer I Mark Turner 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 Officers) 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 Mark Turner 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. Mark Turner has been employed by the City of Tustin for nearly 24 years as a Police Officer, finishing his career at the rank of Senior Officer I. On April 2, 2019, Officer Turner filed a workers' compensation claim for cumulative trauma to the right knee, which was accepted as arising out of or in the course of performing the usual and customary duties of a police officer. Officer Turner initially returned to full duty following the filing of his workers' compensation claim. On April 16, 2019, treating physician Dr. Michael Shepard reported work restrictions that were accommodated in a light duty assignment until May 7, 2019, when Dr. Shepard reported him to be totally temporarily disabled (TTD), at which point Officer turner was placed on industrial disability leave pursuant to Labor Code 4850. On August 22, 2019, Dr. Jay Patel performed surgery on Officer Turner's right knee. Following surgery, he continued his TTD status and exhausted his LC 4850 benefits, one full year of salary continuation, on May 6, 2020. Since he remained TTD he was then eligible to receive State temporary disability (TD) benefits administered by the City's third-party workers' compensation administrator. Officer Turner's diagnoses include right knee arthroplasty, lumbar radiculopathy, and foraminal stenosis. On June 6, 2020, since he already qualified for a service retirement based on his age and years of service, Officer Turner resigned from employment with the City of Tustin and exercised his option to file for a service retirement, pending an IDR, effective June 7, 2020. Per his primary treating physician, Dr. Shepard, and orthopedic surgeon, Dr. Patel, Officer Turner has not yet reached maximum medical improvement (MMI), however neither can report a timeframe for improvement. As such, Dr. Richard Woods was secured as an Agreed Medical Evaluator (AME) to address Officer Turner's MMI status. On April 28, 2020 the City received Dr. Woods AME report in which he states that Officer Turner has not yet reached MMI status and remains TTD, but was not able at the time of his reporting to predict a time at which Officer Turner will reach maximum improvement. Based on the reports of all three doctors, Officer Turner remains TTD and has been unable to perform the usual and customary duties of his position for an extended period of time, in excess of one year, and it is unknown if or when his condition will improve. Therefore, Officer Turner's leave due to his medical condition has now reached the "extended and uncertain duration" threshold as defined by CalPERS. 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 Mark Turner is industrially disabled from his position as a Senior Officer I in accordance with the criteria set forth in the PERL. Upon City Council adoption of the DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E City Council Agenda Report August 18, 2020 Industrial Disability Retirement of Mark Turner Page 3 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: vu F6'j 'hs —1 V Karyn Roznos Derick Yasuda Senior Management Analyst Director of Human Resources Attachments: 1. City Council Resolution No. 20-53 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E RESOLUTION NO. 20-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MARK TURNER, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A SENIOR OFFICER I 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 Mark Turner, employed by the City in the position of Senior Officer I, 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 Mark Turner is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of his duties in the position of Senior Officer I 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). Mark Turner 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 Mark Turner 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 Senior Officer I effective June 6, 2020 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was June 6, 2020 and his retirement date is June 7, 2020. Resolution 20-53 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 of an extended and uncertain duration, 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. 20-53 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 20-53 Page 2of2