Title
Request City Council to Adopt Resolution No. 8104, approving the Industrial Disability Retirement for Craig Hauenstein.
Body
BACKGROUND
Craig Hauenstein is a 53-year-old Fire Battalion Chief who was hired on May 5, 2003. Mr. Hauenstein has five open workers' compensation claims of which 2 have been accepted and determined to have arisen out of employment with the City of Rialto.
The accepted workers' compensation claims occurred on December 21, 2020 and February 10 2021, in which Mr. Hauenstein sustained injuries to both knees. Mr. Hauenstein has had a few knee surgeries for anthroscopy with partial medial and lateral meniscectomies. Mr. Hauenstein has been off work since the date of his injury in December 21, 2020, and is currently receiving Total Temporary Disability benefits.
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, based on competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of their position, and 2) the disability is industrial, arising out of and in the course of employment.
Additionally, CalPERS guidelines states that 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. Hauenstein exercised his option to file for a service retirement pending an IDR on June 7, 2023, and was last seen by his primary treating physician, Dr. David Chao on May ...
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