REQUEST FOR CITY COUNCIL ACTION
DATE: 03/06/2024
TO: Honorable Mayor and City Council Members
FROM: Legal & Risk Management
SUBJECT:
Title
RESOLUTION TO PROVIDE WORKERS' COMPENSATION COVERAGE FOR CERTAIN EMPLOYEE VOLUNTARY ACTIVITIES
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EXECUTIVE SUMMARY:
This staff report asks the City Council to approve the adoption of a resolution regarding a list of authorized employee voluntary activities to be provided workers' compensation coverage.
RECOMMENDED ACTION:
Recommended action
That the City Council adopt Resolution No. 2024-008, establishing and approving a list of authorized employee voluntary activities that the City is voluntarily deeming to be industrial for the sole purpose of providing workers' compensation coverage to City employees while performing such voluntary activities.
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ANALYSIS:
Generally, California law provides that injuries resulting from voluntary recreational activities do not qualify for workers compensation coverage, unless it can be shown that the employer directly or indirectly required participation. However, the City Council can voluntarily adopt a resolution declaring certain employee voluntary activities to be industrial for the sole purpose of providing Workers' Compensation Insurance while performing their voluntary activity. The reasons for providing coverage include promoting certain improved training, public safety, physical fitness, team building and other positive benefits, as well as creating clarity for staff as to when certain employee voluntary activities should or should not be covered for purposes of workers' compensation benefits.
Exhibit 1 of attached Resolution No. 2024-008 contains the list of proposed City Employee Voluntary Activities to be covered by the City, so adoption of this Resolution will implement such coverage. The adoption of this Resolution does not: (1) make any voluntary activity industrial which is not expressly included in the listed activities; (2) make industrial any...
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