For City Council Meeting [May 28, 2019]
TO: Honorable Mayor and City Council
FROM: Sean Grayson, Interim City Administrator
Title
Request City Council to Adopt Resolution No. 7514 Accepting Workers' Compensation Coverage for Off-Duty, Out-of-State Peace Officer Injuries Pursuant to Assembly Bill No. 1749.
Body
BACKGROUND:
The City of Rialto is a self-insured government agency for workers' compensation with a self-insured retention limit of $400,000. Claims in excess of $400,000 are reported to and funded by CSAC-Excess Insurance Authority (CSAC-EIA). California Labor Code Section 3600.2(a) established a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment while off duty within the State. A copy of CA Labor Code Section 3600.2(a) is attached. Assembly Bill No. 1749 was introduced during the 2018 legislative session to address the concerns that workers' compensation claims filed by California peace officers who were injured during the October 2017 Las Vegas Route 91 Harvest Festival were being denied as they were out of state. In September 2018, Governor Jerry Brown signed the bill into law with an effective date of January 1, 2019. A copy of Assembly Bill No. 1749 is attached.
ANALYSIS/DISCUSSION:
CSAC-EIA adopted Endorsement U-6 to the Excess Workers' Compensation Memorandum of Coverage on March 1, 2019. Endorsement U-6 provides coverage for members who have adopted a Resolution that provides for workers' compensation benefits for off-duty peace officers that are injured while out of state. The definition of "peace officer" is stated in Section 50920 of the California Government Code, a copy of which is attached.
The City proposes adopting a Resolution to reflect the passage of Assembly Bill No. 1749. Provisions of this Resolution will add language defining that any bodily injury or occupational disease...
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