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MEMO TO: Mayor and City Counci <br />FROM: Clerk-Administrato <br />DATE: July 270 1982 <br />SUBJECT: WORKER'S COMPENSATION BENEFITS AND INJURY ON DUTY PAY <br />Attached please find a letter from Attorney Mark Karney regarding <br />the injury on duty benefits paid to Chris Weston, the denial of <br />Worker's Compensation insurance benefits after payment has been <br />made by the City's insurance carrier,and a request for information <br />regarding any policy statement the City might adopt regarding the <br />filing of Worker's Compensation claims by the City employees. <br />Basically, Mr. Karney is recommending that the City follow some <br />basic steps in the process of paying injury on duty benefits, <br />some of which should be contained in a written statement provided <br />to each employee upon commencement of their employment with the <br />City. These statements would basically be the following: <br />1. The City should encourage all employees to report any <br />injury immediately upon occurrence of that injury. <br />2. That all employees be required to report any injury to <br />their direct supervisor who would then be responsible <br />for notifying the involved department head, Clerk -Administrator, <br />and Finance Director in order that the appropriate reports <br />and notice might be provided to our insurance carrier. <br />3. That the City will not pay benefits under the injury on duty <br />clause of our contract. until the insurance carrier has <br />determined its liability for Worker's Compensation benefits. <br />Should the Council wish staff to prepare a formal policy statement <br />for your consideration and adoption, we would be able to prepare <br />it for your consideration at your next regular meeting. <br />Finally, it is the understanding of staff, based on the direction <br />of the City Council, that it is to be an administrative matter <br />for us to attempt to recover any injury on duty benefits <br />paid to Mr. Weston by the City by deducting such benefits from <br />the vacation and sick leave accrual he is earning during his <br />regular employment. Staff will be attempting to develop a program <br />for the collection of these erroneously paid benefits, however, <br />will not begin to do so until your full consideration of the <br />information included with this memorandum. Should you determine <br />it is your desire not to recover these benefits, it would be <br />appreciated if you would advise staff of this fact in order that <br />we might not begin the process of recovering previously paid benefits. <br />DFP/pf <br />Attachments <br />