Terminating the Employment Relationship

must provide a copy of the Findings and Award by the Workers’ Compensation Appeals Board (WCAB) resolving the question of industrial causation;  A statement by the employer documenting the member’s last day on payroll. In case of a dispute regarding the effective date of the member's retirement, a request must be filed with the WCAB for finding of fact to determine the date the member's condition became permanent and stationary. The employer must provide a copy of the Finding of Fact and that date then becomes the effective date of member’s retirement (G.C. section 21164);  A statement by the employer as to whether there is, or is not, a possibility of third party liability present (meaning whether the member's disability was caused by negligence or an intentional act of a party other than the employer);  A statement from the employer identifying the disabling condition(s) and body part(s) approved: i.e., orthopedic (right knee), psychological, cardiovascular, internal (kidney), neurological (leg) or other;  A statement from the employer that there is competent medical opinion certifying the disability is expected to be permanent or last at least twelve consecutive months from the date of an application for benefits or will result in death;  If Advance Disability Pension Payments (ADPP) have been or will be paid to the member, the employer must include the monthly amount and the beginning date. The employer must also provide the address to which the reimbursement check should be mailed; and  A notice that the local safety member has a designated number of days (e.g., 30 days) in which to appeal the governing body’s (or subordinate officer’s) determination from the date of receipt of the determination upon the member. In some instances, the industrial causation may be disputed or unknown at the time the determination is made that the member qualifies for a disability retirement. In those cases, the governing board or subordinate officer may indicate that the determination of causation has been reserved until a finding is made by the Workers Compensation Appeals Board and that the employee is otherwise qualified for a non-industrial disability retirement. h. What Do I Do After the Determination Is Made? The governing body or subordinate officer must send the resolution or written decision to CalPERS as a certification of the contracting agency’s decision. 272 A copy of the governing body’s determination (or subordinate officer) along with a cover letter should be provided to the employee by certified, return receipt mail, or by personal service, along with a proof of service. The agency should be sure that the determination clearly informs the member that the member has a designated number of days (30 days is commonly used) from the date the determination is received or personally served in which to file a notice of appeal from the agency’s decision. 273 The agency is not required to, but should include a copy of Government Code sections 21150 21176 (PERS statutes pertaining to disability retirement) with the determination. If the decision

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 77