08.d. Police Officer Industrial DisabilityMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ANNIBALI, CHIEF OF POLlC
BY: KAREN SISKO, HUMAN RESOURCES MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION DETERMINING THAT SENIOR
POLICE OFFICER CID CABRIALES SUFFERS FROM AN INDUS'TRIAL
DISABILITY
DATE: APRIL 24,2012
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution determining that Senior
Police Officer Cid Cabriales 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 21 156 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 actuallpresent disability, not prospective inability to perform the
job duties. Govemment 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 Govemment Code Section 221 166, the agency is required to
provide the determination of industrial causation.
ANALYSIS OF ISSUES:
Senior Officer Cabriales sustained his injuries while engaged in the course and scope of
his employment as a Senior Police Officer with the City of Arroyo Grande on April 24 and
May 8, 201 1. Medical information provided to the City's Workers' Compensation insurance
Agenda Item 8.d.
Page 1
CITYCOUNCIL
CONSIDERATION OF A RESOLU'TION DETERMINING THAT SENIOR POLICE
OFFICER CID CABRIALES SUFFERS FROM AN INDUSTRIAL DISABILITY
APRIL 24,2012
PAGE 2
carrier by his treating physicians confirms that his injuries are disabling. The primary
disabling conditions are cervical strain with herniated discs and internal derangement, and
left shoulder rotator cuff tear.
Senior Officer Cabriales has filed his application for industrial disability with the California
Public Employees' Retirement System based on his medical conditions. Upon the City
Council adopting the attached Resolution, it will be forwarded to the California Public
Employees' Retirement System for processing of Senior Officer Cabriales' industrial
disability retirement application. Senior Officer Cabriales' last day on payroll will be April
26, 2012 and his retirement date will be April 27, 2012.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation by adopting the resolution; -- Modify as appropriate and approve staffs recommendation; or - Provide direction to staff.
ADVANTAGES:
The advantage is that the California Public Employees' Retirement Law provides industrial
disability retirement benefits to safety officers who injure themselves in the course and
scope of their employment.
DISADVANTAGES:
There are no disadvantages to approving the industrial disability retirement for Senior
Officer Cabriales.
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, April 19,2012. The Agenda and
report were posted on the City's website on Friday, April 20, 2012. No public comments
were received.
Agenda Item 8.d.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT SENIOR POLICE
OFFICER CID CABRIALES SUFFERS FROM AN INDUS'TRIAL
DISABILITY PURSUANT TO GOVERNMENT CODE SECTION
21 156
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 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 Cid Cabriales, 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 Col~ncil of the City of Arroyo Grande
as follows:
1. The City Council of the City of Arroyo Grande find and determine and does hereby
find and determine that Cid Cabriales is incapacitated within the meaning of the
Public Employees' Retirement Law for performance of his duties in the position of
Senior Police Officer; and hereby find and determine that Cid Cabriales is
incapacitated for performance of the usual duties of the position for other California
public agencies in CalPERS.
2. 'That the City Council of the City of Arroyo Grande find and determine and it 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 said Cid Cabriales nor the City of Arroyo Grande has applied to the
Workers' Compensation Appeals Board for a determination pursuant to Section
21 166 whether such disability is industrial; and
4. That the member will be separated from his employment in the position of Senior
Police Officer after expiration of his leave rights under Section 21 164, Government
Code, effective April 26, 2012 and that no dispute as to the expiration of such leave
rights is pendiog. His last day on pay status is April 26, 2012.
Agenda Item 8.d.
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RESOLUTION NO.
PAGE 2
5. 'That there is no possibility of third party liability; and
6. That advanced Disability Pension payments will be made bi-weekly in the amount
of $1,591.1 5 beginning May 18, 201 2; and
7. The primary disabling conditions are cervical strain with herniated discs and
internal derangement, and left shoulder rotator cuff tear.
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
Agenda Item 8.d.
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RESOLUTION NO.
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.d.
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Agenda Item 8.d.
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