HomeMy WebLinkAboutAgenda Report - June 19, 2019 C-24AGENDA ITEM c-24
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AGENDA TITLE:
MEETING DATE:
PREPARED BY: Risk Manager
Adopt Resolution Authorizing Workers' Compensation Coverage for Off-Duty
Peace Officers lnjured Out Of State Pursuant to Labor Code Section 3600.2
June 1 g,2}1g t
RECOMMENDED ACTION Adopt resolution authorizing workers' compensation coverage for
off-duty peace officers injured out of state pursuant to Labor Code
Section 3600.2.
BACKGROUND INFORMATION: California Labor Code Section 3600.2(a) provides workers'
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shooting, several peace officers filed workers' compensation claims for injuries arising from their off-duty
conduct, but their claims were denied because the California Labor Code did not extend workers'
compensation coverage for out-of-state injuries. ln response, Assembly Bill (AB) 1749 was introduced to
amend the California Labor Code governing workers' compensation benefits.
ln September 2018, Governor Brown signed A81749 which specifically amends Labor Code Section
3600.2 to permit public agencies to accept liability for workers' compensation of a peace officer, if the
peace officer "is injured, dies, or is disabled from performing his or her duties as a peace officer by
reason of engaging in the apprehension or attempted apprehension of law violators or suspected law
violators, or protection or preservation of life or property, or the preservation of the peace, outside the
state of California, but was not at the time acting under the immediate direction of his or her employer
AB 1749 does not create a mandate that a public employer accept workers' compensation liability under
the circumstances described above; rather, the law expressly states that an employer may accept liability
and provide benefits at its discretion or in accordance with an adopted resolution. The City's excess
insurance providers, LocalAgency Workers' Compensation Excess (LAWCX) and California State
Association of Counties Excess lnsurance Authority (CSAC EIA) have amended their Memoranda of
Coverage to provide workers' compensation coverage in accordance with the new law, but only if a
member has passed a resolution providing coverage. As such, staff recommends adopting a resolution to
mirror the changes made by LAWCX and CSAC ElA. The resolution will eliminate any coverage gaps
between the City and its excess providers relating to the new law. Without the resolution, the City could
find itself without excess insurance coverage if it denies a workers' compensation claim for out-of-state
injuries under the circumstances described in Labor Code Section 3600.2, but is ultimately found liable
through litigation.
The resolution will provide coverage to peace officers beginning with occurrences on or after July 1,
2019.
APPROVED:
, City Manager
Adopt Resolution Authorizing Workers' Compensation Coverage for Off-Duty Peace Officers lnjured Out-Of-State Pursuant to
Labor Code Section 3ô00.2
June 19,2019
Page2 of 2
FISCAL IMPACT Fiscal lmpact is unknown. lncidents that qualify for this extended coverage
should be rare, but are likely to be of greater severity than average.
FUNDING AVAILABLE Funds are ava¡lable in the Workers Compensation 66525100.72450
account to cover this exposure.
Andrew Keys
De City Manager
Beverly Jen Manager
RESOLUTTON NO. 2019-1 10
A RESOLUTION OF THE CITY OF LODI AUTHORIZING
WORKERS' COMPENSATION COVERAGE FOR OFF-DUTY
PEACE OFFICERS INJURED OUT.OF-STATE PURSUANT TO
LABOR CODE SECTION 3600.2
WHEREAS, California Labor Code Section 3600.2 was amended by Assembly Bü 1749
in 2018, to allow a peace officer employer to accept liability for workers' compensation liability
and provide benefits for an injury or illness sustained by a peace officer by reason of engaging
in the apprehension or attempted apprehension of law violators or suspected law violators, or
protection or preservation of life or property, or the preservation of the peace, outside the State
of California, but who was not at the time acting under the immediate direction of his or her
employer, if the employer determines that providing compensation serves the public purposes
of the employer; and
WHEREAS, the City's workers' compensation insurance carrier, Local Agency Workers'
Compensation Excess Joint Powers Authority (LAWCX), has amended its Memorandum of
Coverage to provide coverage for peace officers who sustain a bodily injury or occupational
illness while out-of-state under the circumstances described in Section 3600.2, but only if, prior
to the occurrence, the governing board of the covered member has adopted a resolution under
Section 3600.2, suþsection (bX4), accepting liability for such injury and or illness under the
California workers' compensation law; and
WHEREAS, the City desires to accept workers' compensation liability for peace officers
in its employ who sustain an injury or illness while out-of-state in accordance with Labor Code
Section 3600.2 and the LAWCX Memorandum of Coverage.
NOW THEREFORE, BE lT RESOLVED by the City Council of the City of Lodi as
follows
1. The City authorizes and agrees to accept liability for workers' compensation benefits
under California Labor Code, Division 4 for an injury or illness sustained by a City peace officer
by reason of engaging in the apprehension or attempted apprehension of law violators or
suspected law violators, or protection or preservation of life or property, or the preservation of
the peace, outside the State of California, but who was not at the tíme acting under the
immediate direction of the City. This resolution is adopted pursuant to Labor Code Section
3600.2, subsection (bX4)
2. The City finds and determines that providing workers' compensation benefits in the
circumstances descriþed in paragraph 1 serves the public purposes of the City.
3. Workers' Compensation coverage under Labor Code Section 3600.2 shall not apply if,
at the time of the occurrence, the peace officer was suspended from peace officer duty or
otherwise not in good standing as a peace officer.
4 This coverage applies only to a "peace officer" as defined by Government Code Section
50920, and any subsequent amendments thereof.
Dated: June 19,2019
I hereby certify that Resolution No. 2019-110 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 19,2019, by the following votes:
AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, and Nakanishi
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mayor Chandler
ABSTAIN: COUNCIL MEMBERS - None
NIFER
Cferk
FERRAIOLO
2019-110