CC 2015-09-22_08c Resolution_Industrial DisabilityMEMORANDUM
TO: CITY COUNCIL
FROM:
BY:
DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES ~
KAREN SISKO, HUMAN RESOURCES MANAGER ~
SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT POLICE
OFFICER TAMMIE NEUFELD SUFFERS FROM AN INDUSTRIAL
DISABILITY
DATE: SEPTEMBER 22, 2015
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution determining that Police
Officer Tammie Neufeld 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 agency 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 based on actual/present disability, not prospective inability to perform the
job duties. Government 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 Board for a
determination pursuant to Government Code Section 21166, the agency is required to
provide the determination of industrial causation.
ANALYSIS OF ISSUES:
Officer Neufeld sustained ongoing injuries while engaged in the course and scope of her
employment as a Police Officer with the City of Arroyo Grande. Medical information
provided to the City's Workers' Compensation insurance carrier by her treating physician
Item 8.c. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DETERMINING THAT POLICE OFFICER
TAMMIE NEUFELD SUFFERS FROM AN INDUSTRIAL DISABILITY
MARCH 10, 2015
PAGE2
confirms that her injury is disabling. The primary disabling condition is right carpal tunnel
syndrome and right long trigger finger.
Officer Neufeld has filed her application for industrial disability with the California Public
Employees' Retirement System based on her medical condition. Upon the City Council
adopting the attached Resolution, it will be forwarded to the California Public Employees'
Retirement System for the processing of Officer Neufeld's industrial disability retirement
application. Officer Neufeld's last day on payroll was March 26, 2015.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Adopt the Resolution;
Do not adopt the Resolution; or
Provide direction to staff.
ADVANTAGES:
The advantage of adopting the Resolution is that it will allow the processing of California
Public Employees' Retirement Law industrial disability retirement benefits for the safety
officer consistent with the determination of the treating physician.
DISADVANTAGES:
There are no disadvantages to approving the industrial disability retirement for Officer
Neufeld.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, September 17, 2015. The
Agenda and report were posted on the City's website on Friday, September 18, 2015. No
public comments were received.
Item 8.c. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT POLICE OFFICER
TAMMIE NEUFELD SUFFERS FROM AN INDUSTRIAL DISABILITY
PURSUANT TO GOVERNMENT CODE SECTION 21156
WHEREAS, the City of Arroyo 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 he/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 Tammie Neufeld, employed
by the Agency in the position of 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
Tammie Neufeld is incapacitated within the meaning of the California Public
Employees' Retirement Law for performance of her duties in the position of Police
Officer; 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.
3. That neither Tammie Neufeld nor the City of Arroyo Grande has applied to the
Workers' Compensation Appeals Board for a determination pursuant to
Government Code Section 21166 whether such disability is industrial; and
4. That the member will be separated from her employment in the position of Police
Officer after expiration of her leave rights under Government Code, Section 21164,
effective March 31, 2015 and that no dispute as to the expiration of such leave
rights is pending. Her last day on payroll status was March 26, 2015.
5. That there is no possibility of third party liability; and
Item 8.c. - Page 3
RESOLUTION NO.
PAGE2
6. That advanced bi-weekly Disability Pension payments in the amount of $1,466.31
began on April 17, 2015; and
7. The primary disabling condition is right carpal tunnel syndrome and right long
trigger finger.
On motion of Council Member , seconded 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 '2015.
Item 8.c. - Page 4
RESOLUTION NO.
PAGE3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
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