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Home My WebLink About10 INDUSTRIAL DISABILITY RALPH CASIELLO DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E Agenda Item 10 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 RALPH CASIELLO SUMMARY Adoption of the attached Resolution will certify that Ralph Casiello is industrially disabled from his position of Master Officer and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 20-54 finding that Master Officer Ralph Casiello 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 Ralph Casiello 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. Ralph Casiello has been employed by the City of Tustin for 30 years as a Police Officer, finishing his career at the rank of Master Officer. On April 19, 2019, Officer Casiello filed a workers' compensation claim for cumulative trauma to the lumbar spine and bilateral knees, which was accepted as arising out of or in the course of performing the usual and customary duties of a police officer. Officer Casiello continued to work full duty until September 27, 2019 at which time he received work restrictions that were accommodated in a modified duty desk assignment. This modified duty assignment ended on October 16, 2019, when one of his treating physicians, Dr. Michael Weinstein, reported him to be totally temporarily disabled (TTD) and he was placed on industrial disability leave pursuant to Labor Code 4850. Over the past year, Officer Casiello received physical therapy, pain management, and both conservative and aggressive treatments through Dr. Weinstein and Dr. Andrew Germanovich, his other treating physician. On February 26, 2020, Dr. Weinstein declared Officer Casiello permanent and stationary on the injury to his lumbar spine, with restrictions that preclude him from performing the duties of his position, however his eligibility for an IDR retirement had to be placed on hold until the status of the injury to his knees was resolved. On June 19, 2020, Dr. Germanovich reported that Officer Casiello had reached permanent and stationary status for his bilateral knees and lumbar spine with restrictions of no lifting more than 50 lbs., no repetitive lifting more than 35 lbs., no prolonged sitting more than one hour, no standing for more than two hours per day and the need to take breaks every two hours to allow for change in position. These restrictions preclude Officer Casiello from performing the usual and customary duties associated with his position. Officer Casiello's diagnoses include bilateral knee chondromalacia of the patella, lumbar radiculopathy, chronic low back pain, and lumbar degenerative disc disease. Since he already qualifies for a service retirement based on his age and years of service, Officer Casiello has submitted his resignation from employment with the City of Tustin effective August 18, 2020 and exercised his option to file for a CalPERS service retirement, pending an IDR, effective August 19, 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 determine that Ralph Casiello is industrially disabled from his position as a Master Officer 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 IDR application. DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E City Council Agenda Report August 18, 2020 Industrial Disability Retirement of Ralph Casiello Page 3 Prepared by: Approved by: 6r�vu t�b'jV hs 2L Karyn Roznos DerickJYasuda Senior Management Analyst Director of Human Resources Attachments: 1. City Council Resolution No. 20-54 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E RESOLUTION NO. 20-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT RALPH CASIELLO, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A MASTER OFFICER 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 Ralph Casiello, employed by the City in the position of Master Officer, 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 Ralph Casiello is incapacitated within the meaning of the California Public Employees' Retirement Law from performance of his duties in the position of Master Officer 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). Ralph Casiello 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 Ralph Casiello 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 Master Officer effective August 18, 2020 and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was August 18, 2020 and his retirement date will be August 19, 2020. Resolution 20-54 Page 1 of 3 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 ) Resolution 20-54 Page 2of3 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E 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. 20-54 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 20-54 Page 3of3