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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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F. "Covered Member's service organization" shall mean an agent of the Covered Member paid to <br />service or administer the Covered Member's self -insured Workers' Compensation and/or <br />Employers Liability program. <br />G. `Employee" shall mean any person (including a volunteer as defined below and officers) <br />performing work that renders the Covered Member legally liable for workers' compensation <br />benefits under the Workers' Compensation Act. <br />H. "Volunteer" shall mean any person while acting within the scope of his or her duties for or on <br />behalf of the Covered Member, provided that, prior to the occurrence, the governing board of the <br />Covered Member has adopted a resolution as provided in Division 4, Part 1, Chapter 2, Article 2, <br />Section 3363.5 of the California Labor Code, declaring such volunteer workers to be employees of <br />the Covered Member for purposes of the Workers' Compensation Act; or provided that such <br />volunteer workers are statutorily deemed by the Workers' Compensation Act to be employees for <br />the purpose of workers' compensation. <br />"Loss" shall mean only such amounts as are actually paid by the Covered Member as benefits for <br />an employee under the applicable Workers' Compensation Act in settlement of claims or in <br />satisfaction of awards or judgments for liabilities imposed by the Workers' Compensation Act or <br />other law for bodily injury or occupational disease to an employee. The term loss shall include <br />claim -related expenses, court costs, interest upon awards and judgments, and investigation, <br />adjustment, and legal expenses that are actually paid by the Covered Member as it pertains to the <br />loss. However, the term loss shall not include the salaries paid to employees of the Covered <br />Member, nor fees and retainers paid to the Covered Member's service organization. <br />J. "Occupational disease" shall have the meaning as provided by the applicable Workers' <br />Compensation Act, and include (1) death resulting therefrom and (2) related cumulative trauma <br />injuries or illnesses. <br />K. "Occurrence" means an injury or disease of an employee arising out of and in the course of <br />employment. Bodily injury, illness, or disease sustained by one or more employees, as a result of a <br />single accident, incident or exposure, shall be deemed to arise from a single occurrence. The <br />occurrence shall be deemed to take place on the earlier of (a) the last day of the last exposure, in <br />the employment of the Covered Member, to conditions causing or aggravating the disease, or (b) <br />the date upon which the employee first suffered disability and either knew, or in the exercise of <br />reasonable diligence should have known, that such disability was caused by employment with the <br />Covered Member. All occupational disease sustained by one or more employees as a result of an <br />outbreak of the same communicable disease shall be deemed to arise from a single occurrence. An <br />outbreak of the same communicable disease that spans more than one coverage period shall be <br />deemed to take place during the first such coverage period. <br />L. "State" means any state of the United States of America, and the District of Columbia. <br />M. "Workers' Compensation Act" shall mean California Labor Code Division 4, the other acts as <br />described below in Part Two, or the workers' compensation act or law of the state where the <br />injured employee is normally employed; however, it shall not include any non -occupational <br />disability benefit provisions of any such act. <br />N. "Labor Code 4850" means the Covered Member's obligation to pay salary in lieu of temporary <br />disability benefits for the period of disability, but not exceeding one year, or until the earlier date <br />as the employee is retired on permanent disability pension, and is actually receiving disability <br />pension payments, or advanced disability pension payments. <br />PART TWO — WORKERS' COMPENSATION COVERAGE <br />The Authority will reimburse the Covered Member for loss resulting from an occurrence during the Coverage Period <br />provided that such loss would be compensable under the Workers' Compensation Act of any state for an employee <br />who is normally employed in the State of California, but only if such employee's activity in such other state is <br />Memorandum of Coverage Page 3 Effective July 1, 2019 <br />
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