HomeMy WebLinkAboutMINUTES - 06061995 - SD7 T BOARD OF SUPERVISORS Contra
SUPERVISOR JIM ROGERS Costa
FROM. SUPERVISOR MARK DESAULNIER
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May 31, 1995
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DATE: Sr cGuN
SUBJECT: SUPPORT OF AN EFFORT TO REFORM WORKERS ' COMPENSATION AND
UNEMPLOYMENT INSURANCE SYSTEMS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in support of Assemblyman Kaloogian' s efforts to
reform the workers ' compensation and unemployment insurance systems
by:
1 . denying benefits to elected state or local officials on
account of a psychiatric injury or a physical injury caused by
stress, and
2 . denying benefits to state or local agency public employees on
account of a psychiatric injury or physical injury caused by
stress if the psychiatric injury or stress arises out of, or
in connection with, a criminal act of the public employee.
BACKGROUND:
Under existing law, a person injured in the course and scope of
employment is generally entitled to compensation under the workers '
compensation laws . Also under existing law, a psychiatric injury
is generally compensable if actual events of employment were
predominant as to all causes combined of the psychiatric injury,
and if other conditions are met.
Also, under existing law, a disabled individual is eligible for
unemployment compensation disability benefits if he or she is
unemployed and disabled and other conditions are met. However, for
that purpose, the individual must have been paid a certain amount
of wages in employment, and for that purpose, employment includes
service for any public entity only in limited instances .
Furthermore, employment for purposes of the unemployment
compensation laws does not include service by an elected official .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON PPROVED AS ECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ------ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED June 6, 1995
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 3 SUP /IRAND COUNT MINISTRA R
BY EPUTY
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Recently, William Bennett, a former member of the State Board of
Equalization, won a $73,778 workers ' compensation award on his
claim that he suffered stress that contributed to a heart ailment
during his final year on the board. At the time, he was under
investigation for misuse of his expense account. He later pleaded
no contest to a charge that he cheated on expense claims . Mr.
Bennett resigned on December 30, 1992 .
In response to this situation, Assemblyman Howard Kaloogian and 16
co-authors, including Assemblyman Richard Rainey, introduced AB
1288 . As amended April 18, 1995, AB 1288 would do all of the
following:
❑ Prohibit a state or local agency elected official from being
entitled to benefits under workers ' compensation on account of
a psychiatric injury.
❑ Prohibit a state or local agency elected official from being
entitled to benefits under workers ' compensation on account of
any physical injury caused by stress .
❑ Prohibit a state or local agency public employee from being
entitled to benefits under workers ' compensation on account of
a psychiatric injury if the psychiatric injury arises out of,
or in connection with, a criminal act of the public employee.
❑ Prohibit a state or local agency public employee from being
entitled to benefits under workers ' compensation on account of
any physical injury caused by stress if the stress arises out
of, or in connection with, a criminal act of the public
employee.
❑ Prohibit a state or local agency elected official from being
entitled to benefits under unemployment compensation
disability benefits on account of a psychiatric injury.
❑ Prohibit a state or local agency elected official from being
entitled to benefits under unemployment compensation
disability benefits on account of any physical injury caused
by stress .
❑ Prohibit a state or local agency public employee from being
entitled to benefits under unemployment compensation
disability benefits on account of a psychiatric injury if the
psychiatric injury arises out of, or in connection with, a
criminal act of the public employee.
❑ Prohibit a state or local agency public employee from being
entitled to benefits under unemployment compensation
disability benefits on account of any physical injury caused
by stress if the stress arises out of, or in connection with,
a criminal act of the public employee.
It seems apparent that awarding workers ' compensation benefits or
unemployment compensation disability benefits to an elected
official on account of a psychiatric injury or a physical injury
caused by stress goes well beyond the original intent of and any
rational understanding of the workers ' compensation or unemployment
compensation disability benefits statutes .
When AB 1288 was recently heard in the Assembly Insurance
Committee, the eight Republicans on the Committee voted to support
the bill . The seven Democrats voted to oppose the bill and the one
Independent on the Committee did not vote. As a result, the bill
failed passage, although it could be reconsidered at a later date.
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Misconduct by state or local elected officials should not be
rewarded by providing them with benefits from the workers '
compensation or unemployment compensation disability benefit
systems. AB 1288 would have prevented this type of abuse from
taking place in the future and deserves the support of the Board of
Supervisors and the general public. We must convince the
Legislature that it is essential that they support the type of
reform of the workers ' compensation and unemployment insurance
systems which are represented by AB 1288.
We are, therefore, recommending that the Board of Supervisors
support Assemblyman Kaloogian' s efforts to reform the workers '
compensation and unemployment insurance systems by:
1 . denying benefits to elected state or local officials on
account of psychiatric or physical injury caused by stress,
and
2 . denying benefits to state or local agency public employees on
account of a psychiatric injury or physical injury caused by
stress if the psychiatric injury or stress arises out of, or
in connection with, a criminal act of the public employee.
cc: County Administrator
Risk Manager
Director of Human Resources
County Counsel
Les Spahnn, Heim, Noack, Kelly & Spahnn