For City Council Meeting [November 15, 2022]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Shama P. Curian, Director of Human Resources & Risk Management
Title
Request City Council to Adopt Resolution No. 7992 Approving the Industrial Disability Retirement of Justin Leysack.
Body
BACKGROUND
Justin Leysack is a 40-year-old Fire Engineer hired on September 22, 2009. Mr. Leysack has two workers’ compensation claims that have been accepted and determined to have arisen out of employment with the City of Rialto.
Both workers’ compensation claims involve upper extremities/shoulders: the most recent workers’ compensation claim occurred on December 9, 2020, in which Mr. Leysack sustained injury to both shoulders when he tried to lift a heavy patient to perform CPR.
Mr. Leysack received right shoulder surgery on March 19, 2021. Independent Medical Examiner (“IME”), Dr. Bearman, determined that Mr. Leysack’s surgery was not successful, and the injured worker developed Thoracic Outlet Syndrome as a result. Mr. Leysack has not reached Permanent and Stationary status, and on September 29, 2022, 1st rib resection surgery was approved which is medically reasonable for the thoracic outlet syndrome. On September 3, 2022, Mr. Leysack filed an Industrial Disability Application with the California Public Employees’ Retirement System (“CalPERS”).
ANALYSIS/DISCUSSION
For Local Safety Members enrolled in CalPERS, California Government Code 21156 sets forth the criteria for the City Council to decide that a public employee is incapacitated physically or mentally for the performance of their duties and is eligible to retire based on their disabling condition.
In accordance with the California Public Employees’ Retirement Law (“PERL”), a local safety employee qualifies for an IDR if they 1) are determined, on the basis of competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of their position, 2) the disability is permanent or of an extended and uncertain duration, and 3) the cause of the injury or illness is industrial, arising out of and in the course of employment.
In accordance with CalPERS guidelines, as soon as it is believed that an employee is unable to perform their job because of an industrial injury or illness that is expected to be permanent or of an extended and uncertain duration, the employee (or the employer on their behalf) should submit an application for an IDR.
Mr. Leysack exercised his option to file for an IDR on September 3, 2022, based upon medical findings from the IME that he has not yet reached Maximum Medical Improvement (MMI) or a timeframe for such permanent and stationary status. Based on the report from the IME, Mr. Leysack remains TTD and has been unable to perform the usual and customary duties of his position for an extended period of time, in excess of one year, and it is unknown if or when his condition will improve.
Considering the above, the City, along with the concurrence from City’s Workers’ Compensation Attorney, Dave Thomas, believe that the city has all the information necessary to determine that Mr. Justin Leysack to be industrially disabled from his position of Fire Engineer in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability and all CalPERS to process his IDR application.
ENVIRONMENTAL IMPACT
This request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378 (b) (5) a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
“Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.”
LEGAL REVIEW:
The City Attorney has reviewed and recommends approval of the staff report and Resolution.
FINANCIAL IMPACT:
Operating Budget Impact
This action has no impact on the operating budget. Any payments made to Mr. Leysack since the effective date of retirement shall be requested for credit from CalPERS.
Capital Budget Impact:
This action has no impact on the Capital Budget.
RECOMMENDATION:
Request City Council to Adopt Resolution No. 7992 Approving the Industrial Disability Retirement of Justin Leysack.