HomeMy WebLinkAboutResolution 4603-03-2016 A Resolution
NO. 4603-03-2016
AUTHORIZING A LAWSUIT ENTITLED
CITY OF FORT WORTH V. JORJANA URBAN
WHEREAS, on April 11, 2013, City employee Jorjana Urban was injured in an motorcycle
accident while on the job; and
WHEREAS, Ms. Urban filed for Workers' Compensation benefits as a result of this accident;
and
WHEREAS, Ms. Urban was unable to work and took occupational leave between April 12,
2013 and February 11, 2014; and
WHEREAS, the City paid Ms. Urban her full pay pursuant to Texas Local Government Code
Section 143.073 during this period of her incapacity; and
WHEREAS, on October 13, 2015, a Hearing Officer determined Ms. Urban suffered disability
as a result of this accident and was owed Temporary Income Benefits for her period of incapacity; and
WHEREAS, the City appealed the Hearing Officer's determination to the Division of Workers'
Compensation Appeals Panel; and
WHEREAS, the Division of Workers' Compensation Appeals Panel upheld the decision of the
Hearing Officer on October 15, 2015; and
WHEREAS, Texas Labor Code Section 410.251 allows appeal of a final Appeals Panel decision
by seeking judicial review in District Court; and
WHEREAS, Texas Labor Code Section 410.252 requires such appeal to be filed by the 45th day
following the mailing of the Appeals Panel Decision;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1. The filing of the lawsuit against Jorjana Urban is authorized. Xz� f oil
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Adopted this 1St day of March, 2016. p y*� -r
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ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 31112016 - Resolution No. 4603-03-2016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: **G-18677
LOG NAME: 12URBAN WC BENEFITS JUDICIAL REVIEW
SUBJECT:
Adopt Resolution Authorizing the City Attorney's Office to Seek Judicial Review of a Workers'
Compensation Appeals Panel Decision Concerning Jorjana Urban (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution authorizing the City Attorney's
Office to seek Judicial Review of a Workers' Compensation Appeals Panel Decision concerning Jorjana
Urban.
DISCUSSION:
On April 11, 2013, Jorjana Urban was injured in a motorcycle accident while on the job and filed for
Workers' Compensation benefits.
While Ms. Urban was out on occupational leave, the City paid her Line of Duty pay pursuant to Section
143.073 of the Texas Local Government Code, which amounted to her full City pay. The City did not pay
Ms. Urban Workers' Compensation income benefits due to a provision in the Texas Labor Code requiring
such benefits to be offset by the Line of Duty pay she was receiving. The City's Line of Duty payments to
Ms. Urban were in excess of the maximum allowable income benefits rate, and therefore, all potential
income benefits to Ms. Urban were offset.
On October 15, 2015, a Hearing Officer determined that Ms. Urban was owed temporary income benefits
related to her off-duty income, in addition to the full pay she had received from the City during her
occupational leave.
On January 19, 2016, the Appeals Panel upheld the determination of the Hearing Officer.
Pursuant to Texas Labor Code Section 410.251, a party in disagreement with a final Appeals Panel
Decision may appeal by seeking judicial review in a District Court located in a County of the employee's
residence. Texas Labor Code Section 410.252 requires such appeal to be filed by the 45th day following
the mailing of the Appeals Panel Decision.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of this M&C, funds are available in the current
operating budget, as appropriated, of the Workers' Compensation Fund to pay filing fees and costs
associated with this action, which are not expected to be more than $3,000.00.
Logname: 12URBAN WC BENEFITS JUDICIAL REVIEW Page 1 of 2
FUND IDENTIFIERS (FlDs):
TO
Fund Department ccounj Project JProgram ctivity Budget Reference # mounl
I
ID ID Year (Chartfield 2) 1A
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
6-011-1 0147310 5520211 2016 $3,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Stephen Cumbie (6799)
Logname: 12URBAN WC BENEFITS JUDICIAL REVIEW Page 2 of 2