HomeMy WebLinkAboutReso. 1981 - 126 - Pertaining to policy on industrial injury for employees not covered by a memorandum of understanding, and repealing reso 78-159RESOLUTION NO.
A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF REDDING
' PERTAINING TO POLICY ON INDUSTRIAL•INJ.URY FOR EMPLOYEES.
- NOT COVERED, BY A MEMORANDUM-OF UNDERSTANDING, AND
REPEALING RESOLUTION NO. 78-159.'
WHEREAS, the Cityi of Redding's. existing policy on andu'st`Ia:1.
Injury for employees not'covered by a Memorandum o.f.Understanding was
adopted"., along with other�Cityr,employee policies, by .Resolutioft No.,
78-159; and
WHEREAS`, , it is necessary\to amend many of the policies
covered.-in -said,^ Resolution, No:. 7,8 159 -and, to re-adopt others in
their existing form but by 'separate resolution" for each,, 'and
' WHEREAS, the City;'s policy .on hndustrial Ingury.,is one
that remains unchanged,
NOW, THEREFORE,,BE IT RESOLVED by the City Council 'of
the City of.Redding as follows: a
1. Resolution No'. 78-159 is hereby'repealed:and shall
be of. no further force and 'effect from and including `July 5', - 198:1.
2. The'City Council hereby re-.adopts its pol-icy.on
Industrial Injury for employees not covered by a Memorandum,of
-Understanding, as set forth`i-n "Exhibit .A.",attached. hereto .and
,
incorporated herein.by refe'rence, effective on July-5, 1981..; ,
I HEREBY CERTIFY 'that. the foregoing ` Re`solution. was,:intro-
duced and_read at an adjourned regular meeting of•the.0 ty Council
of the City of Redding. on the. 29th day of Juice ' 1981 ,� , and was . duly
-adopted at-said "meeting by Ithe following -vote;
AYES:.- COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick,'and.Pugh
NOES : COUNCILMEN: ' None
p0
' ABSENT: COUNCILMEN: None
Rescinded by 84-173 8/20/84
`�
E
ATTEST:
ETHEL A. RICHTER, City Clerk
FORM APPROVED:
RAN ALL A. HAYS, City/ ttorney
Mayo
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C
the City of Redding
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 seventy-seven and one-half percent (77.5%) 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 exceeding one year, or until such earlier date as he is retired on permanent
disability pension. 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 compensation 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
considered for return to work after an absence caused by disability or illness
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 employee's industrial
injury and the employee recovers a judgment in damages from said third party,
then all supplemental benefits received as provided for in Section 1 not already
repaid from the other sources mentioned in Section 1 shall be repaid to the
City by the employee.
4. Vacation and sick leave shall be accrued and group insurance coverage
shall be maintained while a regular employee is absent from work as a result
of a job related disability and receiving the supplemental benefits to Workers'
Compensation temporary disability compensation as set forth in Section 1 or the
benefits of Section 4850 of the Labor Code of the State of California for the
period of such disability, but not exceeding one (1) year. Employees who
are riot entitled to the benefits as set forth in Section 1 nor to the benefits
of Section 4850 of the Labor Code of the State of California, but 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
maximum of a cumulative total of five (5) years, 11--roviding the employee
pays his share of the monthly premium to the City of Redding on or before
the first da;,, of the month for which the premium is intended. Holidays
which occur during the period for which an employee is receiving temporary
disability compensation shall not be recognized by such employee for
compensation purposes.
CRR:bjh
June 15, 1981
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