ITEM 4. 20
CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVE EXPANSION OF WORKERS'
COMPENSATION COVERAGE PURSUANT TO
ASSEMBLY BILL 1749
RECOMMENDATION: Adopt Resolution Approving Expansion of Workers' Compensation Coverage Pursuant to AB 1749 for
Lathrop Police Department Peace Officers who are
Injured While Off Duty in Limited Circumstances
SUMMARY:
California Labor Code section 3600. 2( b) created by Assembly Bill (" AB 1749"), provides that the City may decide whether to accept a Workers' Compensation claims filed by a peace officer who, while out- of- state, is injured while 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.
Staff recommends Council to expand Workers' Compensation coverage as permitted by AB 1749.
BACKGROUND:
Assembly Bill 1749 (" AB 1749") was proposed during the 2018- 2019 California Legislative session response to the denial of workers' compensation claims that were filed by California peace officers who were injured during the Las Vegas Route 91 Harvest Festival shooting, and was signed into law effective January 1, 2019.
Staff is requesting that City Council adopt a Resolution to expand Workers' Compensation coverage pursuant to AB 1749 for Lathrop Police Department Peace Officers who are injured while off duty in limited circumstances as defined in the resolution.
REASON FOR RECOMMENDATION:
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, subsection ( b)( 4), accepting liability for such injury and or illness under the California workers' compensation law;
If the proposed resolution is approved, City of Lathrop peace officers who are injured while off- duty and out- of- state while engaging in apprehension or attempted apprehension of law violators or suspected law violators, or protection or preservation CITY MANAGER' S REPORT PAGE 2
May 16, 2022 CITY COUNCIL SPECIAL MEETING
APPROVE EXPANSION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO ASSEMBLY BILL 1749
of life or property, or the preservation of the peace, shall be afforded worker' s compensation benefits. To be covered under this Resolution, the peace officer must not be under suspension and must have performed the qualifying actions in compliance with law enforcement standards applicable to Lathrop Police Department peace officers.
FISCAL IMPACT:
Please note there is no fiscal impact to provide this coverage.
ATTACH M ENTS:
A. Resolution approving expansion of workers' compensation coverage pursuant to AB 1749 for Lathrop Police Department peace officers who are injured while off duty in limited circumstances;
CITY MANAGER' S REPORT PAGE 3
May 16, 2022 CITY COUNCIL SPECIAL MEETING
APPROVE EXPANSION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO ASSEMBLY BILL 1749
APPROVALS:
T a Roland Date
Director of Human Resources
z s - t,.o z Z.
Salvador Navarrete Date
City Attorney
2 1• 22
St n J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE EXPANSION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO ASSEMBLY BILL 1749
WHEREAS, Labor Code Section 3600. 2 was amended by Assembly Bill 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, subsection ( b)( 4), accepting liability for such injury and or illness under the California workers' compensation law;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby authorize and agrees to accept liability for workers' compensation benefits under California Labor Code, Division 4 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 the City. This resolution is adopted pursuant to Labor Code Section 3600. 2, subsection ( b)( 4); and, NOW, THEREFORE, BE IT FURTHER RESOLVED, effective upon the date of adoption of this Resolution, the City finds and determines that providing workers' compensation benefits in the circumstances described in the first recitable paragraph above serves the public purposes of the City; NOW, THEREFORE, BE IT FURTHER RESOLVED, this coverage 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; and NOW, THEREFORE, BE IT FURTHER RESOLVED, this coverage applies only to peace officers as defined at Government Code Section 50920.
The foregoing resolution was passed and adopted this 16th day of May 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney