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74-044
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Last modified
1/3/2012 12:34:57 PM
Creation date
6/26/2003 10:46:47 AM
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City Clerk
Doc Type
Resolution
Doc #
74-44
Date
4/1/1974
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RESOLUTION NO. 74-44 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA URGING THE CALIFORNIA LEGISLATURE TO <br />ADOPT LEGISLATION PROVIDING THAT CERTAIN WORKMEN'S <br />COMPENSATION BENEFITS SHALL BE LIMITED TO RETIRED <br />PUBLIC EMPLOYEES WHOSE INJURIES DEVELOPED AND MANI- <br />FESTED THEMSELVES DURING THE COURSE OF THEIR EMPLOY- <br />MENT. <br /> <br /> WHEREAS, the provisions of California's Workmen's Compen- <br />sation statutes provide benefits to retired public employees <br />for injuries which developed during the period of their employ- <br />ment; and <br /> <br /> WHEREAS, the City of Santa Ana has an interest in insuring <br />that its employees, past, present and future, are adequately <br />protected against disability incurred as a result of public <br />service while at the same time minimizing the expense to the <br />taxpayers of unwarranted compensation for injuries not related <br />to public service; and <br /> <br /> WHEREAS, recent decisions of the state's Workmen's Compen- <br />sation Appeals Board have unreasonably expanded the basis for <br />compensation by misinterpreting state law to presume, without <br />proof, that injuries which public employees sustain after their <br />retirement are derived from the circumstances of their former <br />jobs; and <br /> <br /> WHEREAS, these decisions, left uncorrected, threaten to <br />place impossible burdens on cities by adding millions of dol- <br />lars annually to compensation insurance costs without requiring <br />any proof that the injuries for which compensation is paid were <br />related to or in any way derived from service with those cities; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA: <br /> <br /> 1. That the City of Santa Ana expresses its deep concern <br />over the unwarranted and unreasonable increases in Workmen's Com- <br />pensation liability which will inevitably result from the erro- <br />neous decisions of the Workmen's Compensation Appeals Board and <br />urges the Legislature immediately to adopt corrective legisla- <br />ture limiting benefit payments to cases of injuries which are <br />legitimately both developed and manifested during the course of <br />public employment or within a reasonable and specifically stated <br />period after such employment terminates. <br /> <br /> 2. That the Clerk of the Council shall distribute copies <br />of this Resolution to the Legislative representatives of the <br />City of Santa Ana, the Assembly Committee on Retirement and the <br />cities of Orange County. <br /> <br /> PASSED AND ADOPTED by the City Council of the City of Santa <br />Ana at its regular meeting held on the 1st day of April <br />1974. <br /> <br />ATTEST: <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />
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