1982 July 19 to 1983 July 11 - Council Packets

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MEMO TO: Mayor and City Council ) FROM: Clerk -Administrator DATE: July 14, 1982 SUBJECT: INJURY ON DUTY PAY TO CHRIS WESTON As you may recall, Chris Weston was absent from work from March 25 to April 18, 1982 due to a disability which he claimed resulted from an injury he incurred while on duty with the City of Mounds View. The Injury on Duty clause in our Labor Agreement with IUOE Local No. 49 states, "The injury on duty will be 60 days, with the first three days to come out of sick leave, and then 60 days injury on duty. Any days beyond the 60 days will be taken from the employee's banked sick leave." As it is a common understanding between the union and all cities in the M.A.M.A. group that injury on duty benefits will not be paid until it has been determined that Worker's Compensation benefits are payable, thus, legitimizing the claim that the injury was incurred while on duty, staff advised Mr. Weston that injury on duty benefits would not be paid until such a determination was made by our Worker's Compensation insurance carrier and that the disability exceeded the three day waiting period. On April 22, 1982 Western Insurance Companies, the City's Worker's Compensation insurance carrier, paid Mr. Weston benefits for the period cited above and on that same date the City of Mounds View submitted to Mr. Weston a check from the City reflecting the injury on duty benefits due to him pursuant to the provisions of the Labor Agreement. On June 21, 1982 this office received correspondence from Mr. Kirk Newton of Western Insurance indicating that Mr. Weston's claim,which they had previously paid,was now being denied as it was their determination that the disability did not result from a work related injury. In telephone conversations with Mr. Newton, it was revealed that the benefits were originally paid due to the State requirements that benefits be pnid within 14 days of notice of injury which normally does not allow for sufficient opportunity to investigate a claim. Upon completion of their investigation, it was the determination of Western Insurance that the disability did not result from a work related injury and that not only were benefits not payable but that Mr. Weston would be responsible for repaying those benefits previously paid in error. Based on this information staff contacted Mr. Cy Smythe of Labor Relations Associates, the City's labor relations consultant, in a letter dated June 25, 1982, copy attached, requestinq quidance with respect to the City's position regarding the injury on duty benefits