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HomeMy WebLinkAbout1996-06-25; City Council; 13711; VOLUNTEERS: WORKERS' COMPENSATION BENEFITSVOLUNTEERS: WORKERS’ COMPENSATION RECOMMENDED ACTION: Adopt Resolution No. qh 223 making volunteers employees for workers’ compensation purposes. ITEM EXPLANATION Expansion of volunteerism in the City in recent years has resulted in the volunteer playing an increasingly important role in the community services provided by the City. Through volunteers, the City is able to supplement existing programs and to implement innovative new programs. As with employees, however, the City faces some liability for injury to a volunteer during hidher volunteer service. Currently, there is no defined process for handling an injury to a volunteer, As a general rule, volunteers are not entitled to workers’ compensation coverage. Labor Code section 3352(i) excludes from the definition of “employee” for purposes of workers’ compensation: ‘‘Any person performing voluntary service for a public agency or a private, nonprofit organization who receives no remuneration for such services other than meals, transportation, lodging or reimbursement for incidental expenses.” However, some volunteers are defined as employees for workers’ compensation purposes under specific statutory provisions. In addition, Labor Code section 3363.5 authorizes public agencies at their option, to provide workers’ compensation coverage to volunteers by adopting an appropriate resolution. Where such a resolution is passed, the extent of the City’s liability for injury suffered by the volunteer is determined in accordance with workers’ compensation statutes and case law. Absent a resolution placing volunteers under workers’ compensation coverage, or a finding that a volunteer is an “employee” entitled to workers’ compensation remedies, the City’s liability to the volunteer would be the same as to any other injured third party. If the injury were due solely to the volunteers’ own negligence, there would be no liability to the City; if the injury were caused in whole or in part by the City’s negligence, then the usual analysis of the facts to determine whether the City is liable under the Tort Claims Act, or if any governmental immunity exists, would be As a result, there are two alternatives for handling an injury sustained by a volunteer while treatment and care of an injury and allows staff to continue working with the injured volunteer as we would with any employee. (2) Allow volunteers to provide for their own medical care and pursue any other legal remedies available to them outside of the workers’ compensation system. .e .. PAGE2OFBB8 /3i 3/1 FISCAL, IMPACT There is no way to predict the fiscal impact of this resolution; however, it is anticipated to be very small. The claims history for volunteers is extremely low and according to Cal-Surance, tRe City’s insurance broker, the inclusion of this group under the excess workers’ compensation insurance coverage will not result in an increase in the City’s premium. EXHIBITS I. PP-2 Resolution NO. 9 6 -4d 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 2 3 2‘ 25 26 27 28 om -0 RESOLUTION NO. 9 6 - 2 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RELATING TO WORKERS’ COMPENSATION COVERAGE FOR CITY VOLUNTEERS WHEREAS, the City of Carlsbad encourages and supports volunteer services provided by residents of the City; and WHEREAS, the City acknowledges and accepts its responsibility to compensate volunteers for their injuries incurred while performing volunteer activities for the City of Carlsbad; and WHEREAS, California Labor Code Section 3363.5 authorizes Workers’ Compensation coverage for volunteers of the City upon adoption of a resolution by the City Council; and WHEREAS, the City Council supports providing Workers’ Compensation coverage for volunteers of the City; NOW, THEREFORE, be it resolved that the City Council of the City of Carlsbad, California, hereby adopts the provisions of Labor Code Section 3363.5 which shall be applicable to those persons whose offer of volunteer services for the City has been accepted as part of the volunteer programs of the City of Carlsbad, and that such volunteers shall be deemed to be employees of the City for the sole purpose of extending Workers’ Compensation coverage for injuries incurred while performing volunteer services for the city. IT IS FURTHER RESOLVED, that the persons to whom this Resolution applies shall not include, unless otherwise required by law, persons who perform public or I 1 2 3 4 5 6 7 ' 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 *. go community services without remuneration pursuant to (1) an order of the court, (2) an election to perform such services in lieu of payment of fine or imposition of any other criminal penalty, or (3) participation in a work release program or any other program involving public or community services performed by inmate or probationers as part of their inmate or probationer status. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City 1996, by the following vote, Council of the City of Carlsbad on the 25th day of June to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila and Hall ATTEST: Aii&imQik$5-+k