HomeMy WebLinkAbout74-044RESOLUTION NO. 74-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA URGING THE CALIFORNIA LEGISLATURE TO
ADOPT LEGISLATION PROVIDING THAT CERTAIN WORKMEN'S
COMPENSATION BENEFITS SHALL BE LIMITED TO RETIRED
PUBLIC EMPLOYEES WHOSE INJURIES DEVELOPED AND MANI-
FESTED THEMSELVES DURING THE COURSE OF THEIR EMPLOY-
MENT.
WHEREAS, the provisions of California's Workmen's Compen-
sation statutes provide benefits to retired public employees
for injuries which developed during the period of their employ-
ment; and
WHEREAS, the City of Santa Ana has an interest in insuring
that its employees, past, present and future, are adequately
protected against disability incurred as a result of public
service while at the same time minimizing the expense to the
taxpayers of unwarranted compensation for injuries not related
to public service; and
WHEREAS, recent decisions of the state's Workmen's Compen-
sation Appeals Board have unreasonably expanded the basis for
compensation by misinterpreting state law to presume, without
proof, that injuries which public employees sustain after their
retirement are derived from the circumstances of their former
jobs; and
WHEREAS, these decisions, left uncorrected, threaten to
place impossible burdens on cities by adding millions of dol-
lars annually to compensation insurance costs without requiring
any proof that the injuries for which compensation is paid were
related to or in any way derived from service with those cities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA:
1. That the City of Santa Ana expresses its deep concern
over the unwarranted and unreasonable increases in Workmen's Com-
pensation liability which will inevitably result from the erro-
neous decisions of the Workmen's Compensation Appeals Board and
urges the Legislature immediately to adopt corrective legisla-
ture limiting benefit payments to cases of injuries which are
legitimately both developed and manifested during the course of
public employment or within a reasonable and specifically stated
period after such employment terminates.
2. That the Clerk of the Council shall distribute copies
of this Resolution to the Legislative representatives of the
City of Santa Ana, the Assembly Committee on Retirement and the
cities of Orange County.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 1st day of April
1974.
ATTEST:
CLERK OF THE COUNCIL
RESOLUTION NO. 74-44
PAGE TWO
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
ss
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
aoing Resolution was introduced to said Council at its
regular meeting held on the 1st day of April ,
1974, and was at said meeting passed and adopted by the
following vote, to wit:
AYES,
NOES,
ABSENT,
COUNCILMEN: Griset, Evans, Garthe, Yamamoto,
Patterson, Ward
COUNCILMEN: Markel
COUNCILMEN: None
CL~K OF THE COUNCII~
ORM:
WI THEWS, ~~ORNEY