HomeMy WebLinkAboutReso. 1984 - 173 - Pertaining to the policy of industrial injury for employees not covered by a memorandum of understanding , 110 410
RESOLUTION NO. 3f- /73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
PERTAINING TO THE POLICY ON INDUSTRIAL INJURY FOR EMPLOYEES
NOT COVERED BY A MEMORANDUM OF UNDERSTANDING.
WHEREAS , the City of Redding' s existing policy on industrial
injury for employees not covered by a Memorandum of Understanding
was adopted by Resolution No. 81-126; and
WHEREAS, staff has recommended certain changes in industrial
injury policies for employees not covered by the provisions of a
Memorandum of Understanding, as included in the attached Exhibit ill
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"A" , incorporated herein by reference; and o w
WHEREAS, the City Council deems it to be in the best inter-
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ests of the City of Redding to adopt such recommendations; 0
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the cr
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City of Redding as follows:
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1 . Resolution No. 81-126 is hereby rescinded and shall be 1
of no further force and effect, effective July 15 , 1984 .
2. the City Council hereby adopts the policy on industrial
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injury for employees not covered by a Memoran um of Understand-
ing, as set forth in Exhibit "A" , attached e.Tto and incor-
porated herein by reference, effective July 15 , 1984 .
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 20th day of August , 1984 , and
was duly adopted at said meeting by the following vote:
(1-
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AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
iez01-1/614 '
`HOWARD D. KIRKP •TRICK, Mayor
City of Redding
ATTEST:
HEL A. NICHOLS , City Clerk
FORM AP ROVED:
RA ALL A. HAYS , City ttorney
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INDUSTRIAL INJURY
1. Except for those employees who are covered by the provisions
of California Labor Code Section 4850 or a Memorandum of Understanding,
whenever any regular employee who is a member of the Public Employees '
Retirement System is disabled, whether temporarily or permanently, by
injury or illness arising out of and in the course of his duties,
which comes within the application of the Workers ' Compensation and
Insurance Chapters of the State Labor Code, he shall become entitled,
regardless of his period of service with the City to compensation at
the rate of eighty-five percent (85%) of his regular salary, in lieu
of temporary disability payments , if any, which would be payable under
the State Labor Code, for the period of such disability but not exceed-
ing six (6) months or until such earlier date as he is retired on per-
manent disability pension. At the conclusion of six (6) months of
receipt of supplemental benefits at the rate of eighty-five (85) per-
cent of regular salary, any regular employee who is still unable to
return to work and is still receiving temporary disability indemnity
payments shall become entitled to receive supplemental benefits at the
rate of seventy percent (70%) of his regular salary for the period of
such disability but not exceeding six (6) months or until such earlier
date as the employee is retired on permanent disability pension through
the Public Employees ' Retirement System. In consideration of this
benefit , the regular employee shall pay over to the City any temporary
or permanent disability compensation received, whether from Workers '
Compensation, employee group insurance benefits or unemployment compen-
sation benefits provided for under State law, and shall affirmatively
assist the City in obtaining any such benefits to which he may be
entitled but has not yet received arising out of such disability, but
such payment from the employee to the City from such sources shall not
exceed in amount the supplemental benefits paid to the employee by the
City in accordance with the provisions of this paragraph.
2 . An employee who is absent by reason of industrial disability
may be returned to work by the City and given temporary light duties
within his ability to perform, with the consent of the employee' s
physician . The duration of any such period of temporary work shall be
determined by City. Such employee shall be compensated at the then .
current rate of pay of his regular classification while engaged in
such temporary duties . The City may require an employee being consi-
dered for return to work after an absence caused by disability or ill-
ness to submit to a medical examination by a physician or physicians
approved by City for the purpose of determining that such employee is
physically and mentally fit and able to perform the duties of his
position without hazard to himself , or to his fellow employees, or to
his own permanent health.
3 . If a third party is found to be responsible for the emplo-
yee ' s industrial injury and the employee recovers a judgment in damages
from said third party, then all supplemental benefits received as pro-
vided for in Section 1 not already repaid from the other sources men-
tioned in Section shall be repaid to the City by the employee.
4 . Vacation and sick leave shall be accrued while a regular
employee is absent from work as a result of a job related disability
and receiving the supplemental benefits to Workers ' Compensation tempo-
rary disability compensation as set forth in Section 1 or the benefits
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of Section 4850 of the Labor Code of the State of California for the
period of such disability, but not exceeding one (1) year. All regu-
lar
egular and probationary employees who are receiving Workers ' Compensation
temporary disability benefits, may nevertheless , at their option,
maintain their group insurance coverage during the period in which
they are receiving temporary disability compensation for up to a maxi-
mum of a cumulative total of five (5) years . Holidays which occur
during the period for which an employee is receiving temporary disabi-
lity compensation shall not be recognized by such employee for compen-
sation purposes .
CRR: dm
August 8 , 1984