CC 2013-02-12_08.f. Resolution Determining an Industrial DisabilityMEMORANDUM
TO: CITY COUNCIL
FROM:
BY:
RYAN CORNELL, INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES~
KAREN SISKO, HUMAN RESOURCES MANAGER tt&
SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR
POLICE OFFICER KIMBEREL Y MARTIN SUFFERS FROM AN
INDUSTRIAL DISABILITY
DATE: FEBRUARY 12,2013
RECOMMENDATION:
It is recommended th.~ City CounGil adopt the. attached Resolution determining that Senior
Police Officer Kimberely Martin suffers from an industrial disability.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
Upon application for industrial disability retirement by a ·public safety employee, the
California Public Employees' Retirement Law, Government Code Section 21156 requires
that the contracting Qgency determine whether the employee of such agency is disabled
and whether such disability is industrial within the meaning of the law. The disability
decision is based upon competent medical opinion and all medical and vocational
information provided by the member, employer and Workers' Compensation carrier.. The
determination is bas'e'c:l on actual/present disability, not prospective. inability to perform tb.e
job duties. Go.vernment Code Section 20046 states that "industrial" means a disability as a
result of an injury arising out of and in the course of employment as a local safety member:.
If there is no application filed with the Workers' Compensation Appeals Bo.ard for a
determination pursuant to Government Code Section 221166, the agency is required to
provide the determination of industrial causation.
ANALYSIS OF ISSUES:
Senior Officer Martin su.stained her injuries while enga§ed in the course and scope of her
employment as a Senior Police Officer with the City of Arroyo Grande on September 30,
2009. Medical information provided to the City's Workers' Compensation insurance carrier
by her treating physician confirms that her injury is disabling. The primary disabling
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR POLICE
OFFICER KIMBEREL Y MARTIN SUFFERS FROM IAN INDUSTRIAL DISABILITY
FEBRUARY 12, 2013
PAGE2
condition is degenerative disc disease with disc protrusion at L5-S1 with right sided
radiculopathy with recurrent right L5-S1 disc herniati'on.
'
Senior Officer Martin has filed her application for !industrial disability with the California
Public Employees' Retirement System based on her medical cor:~dition. Upc>n the. City
Council adopting the attached Res·01ution, it will be forwarded to the California Public
Employees' Retirement System for processing of se;nior Officer Martins' industrial disability
retirement application. Senior Officer Martins' last day on payroll will be January 31, 2013
and her retirement date will be effective as of Febru$ry 1, 2013.
ALTERNATIVES:
The following alternatives are provided for the Cownbl's consideration:
Approve staff's recommendation by adopting the resolution;
· Modify as appropriate and approve staff's recommendation; or
Provide direction to staff. ·
.ADVANTAGES: I
The advantage is that the California Public Employees' Retir:ement Law provides ind.ustrial
disability retirement beneJits to safety officers whd injure themselves in the course and
scope of their employment.
DISADVANTAGES:
There are no . disadvantages to approving the industrial disability retirement for Senior
Officer Martin.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agendq was posted in front of Gity Hall. on Thu·rsday, February 7, 2013 .. The Agenda
and report ~ere posted 0n the City's website on !Friday, Pebruary :8,. 2013. No public
comments were received.
Item 8.f. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT SENIOR POLICE
OFFIGER KIMBEREL Y MARTIN SUFFERS FROM AN INDUSTRIAL
DISABILITY PURSUANT TO GOVERNMENT CODE SECTION
21156
WHEREAS, the City of Arreyo Grande (hereinafter referred to as Agency) is a contracting
agency of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which she is classified
as a local safety member is disabled for purposes of the Public Employees' Retirement
Law and whether such disability is "industrial" within the meaning of such law; and
WHEREAS, an application for industrial disability retirement of Kimberely Martin,
employed by the Agency in the position of Senior Police Officer; has been filed with the.
Public Employees' Retirement System; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the medical and
other evidence relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The City Council of the City of Arroyo Grande does hereby find and determine that
Kimberely Martih is incap~citated within tb~ meaniog of the· Public Employees'
Retirement Law for perfotrnance 'Of her c:tuties in the position of Senior· Police
Officer; and hereby find and detertnine that Kimberely Martin is incapacitated for
performance of the usual duties of the position for other California public agencies
in CaiPERS; and
2. That the City Council of the City of Arroyo Grande does hereby find and determine
that such disability is a result of injury or disease arising out of and in the course of
employment; and
3. That neither said Kimberely Martin nor the City of Arroyo Grande has applied to the
Workers' Compensation Appeals Board for a determination pursuant to Section
21166 whether such disability is industrial; and
4. That the member will be separated from her employment in the position of Senior
Police Officer after expiration of her leave rights under Section 21164, Government
Code, effective January 31, 2013 and that no dispute as to the expiration of such
leave rights is pending. Her last day on payroll status is January 31, 2013; and
Item 8.f. - Page 3
RESOLUTION NO.
PAGE2
5. That there is no possibility of third party liability; and
6. That advanced Disasility Pension payments will be made bi-weekly iri the amount
of $1,578.23 beginning February 22, 2013; and
7. The primary disabling condition is degenerative disc disease with disc protrusion at
L5-S1 with right sided radiculopathy with recurrent right L5-S1 disc herniation.
On motion of Council Member , sec0nded by Council Member
, and on the following roll call vote., to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of '2013.
Item 8.f. - Page 4
RESOLUTION NO.
PAGE3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
'STEVEN ADAMS, CITY MANAGE·R
APPROVED.AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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