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HomeMy WebLinkAboutORD NO 259 ORDINANCE NO. ~ NEW SER~ES. AN ORDINANCE TO PROTECT.TEE COMFORT~~~'," SAFETY AND GENERAL WELFARE OF THE .EMPLOYEES OF THE CITY OF BAEERSFIE~D, AS AFFEOTING THE INJURIES OR ILLNESS, 0AUSING THE DISABILITY OF EMPLOYEES IN THE 00URSE OF THEIR EMPLOY- RENT, CREATING A LIABILITY ON THE PART OF THE CITY OF BAKERSFIELD IHRESPEOTIVE OF THE FAULT OF ANY PARTY: DESCRIBING THE AMOUNT OF COMPEN- SATION TO BE PAID IN CASE OF SUCH LIABILITY, AND PRESCRIBV,~ G THE METHODS BY WHICH SUCH PAY- MENT BE MADE, WHICH ORDINANCE IS TO SUPPLEMENT AND ADD TO THE PROVISIONS OF THE WORKMEN'S O0M- PENSATION, INSURANCE AND SAFETY ACT OF 1917 AND ALL AMENDMENTS THERETO, AND REPEALING ALL 0R- DINANGES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERS- FIELD, as follows: SEOTION 1. Whenever any employee of the City of Bakersfield shall produce and exhibit to the City Manager of the City of Bakersfield, a certified copy of an award of compensation, awarded by the Indus- trial 'Accident Commission of the State of California, mvarding to the employee compensation for injuries, or illness, received by the said ·employee, arising out of, and in the course of employment, or any employee who shall produce and e~hibtt to the City Manager of the City of Bakersfield sufficient evidence to satisfy the City Manager of said City, that such person is receiving compensation for his injuries, or illness, from the Insurance F~nd of the State of California, or from'the Industrial Accident Commission, for said injuries, or illness, received by him arising out of and in the course of employment, then in that event such .. employee and not other- wise, shall receive ·compensation for such injuries,or illness, or disability as herein provided. SECTION 2. The compensation payable by this ordinance shall not be due, or'payable, until such employee shall receive compensation by an award of the Industrial Accident Commission of the State of California, or shall receive compensation from ~he .InsUrance Fund of the State of Oalifornia, then and when such compensation shall "'have been giyen. and the ..amo:unt therein fixed, such employee shall receive from....~{~e City of Bakersfield an amou-nt equal "~e the differ- · ,:~.-: ... ence between the award of the said Industrial Accident Commission, or the .~aid given by the Insurance Fund of the State of California, and the salary, or wage, such employee receives f~om the City of Bakersfield, during the time compensation is being paid by virtue of the award of the Industrial Accident Commission of the State of California, or by the Insurance Fund of the State of California. -SEOTION 3. The compensation as 'provided by this ordinance shall cease,and all rights to such compensation shall end,at the time the aid or compensation, above mentioned, shall have been terminated, and all rights given by this ordinance to receive compensation there- after shall be at an end and 'no further compensation shall be paid. SECTION 4. The provisions of this ordinance shall not be applica- ble to,'nor shall any compensation be paid by virtue of this ordi- nance, to any beneficiax-y of any employee of the City of Bakersfield when such employee shall be killed or die as a result of Injuries, ~ece~ed~by him while working for the Oity of Bakersfield. The pro- visions of this ordinance shall be construed to compensate employees of the 01ty of Bakersfield only in the event such employees are ceiving compensation by virtue of an award of the Industrial Acci- dent Commission, or receiving compensation from the Insurance Fund of the State of California, and then only during the time that aid · or compensation is furnished by either. SECTION 5. Any. employee of the City of Bakersfield desiring to receive the benefits of ~his ordinance shall first apply to the ---'.'i.city"Ma~ag~"of the Cit~.of Bakersfield, upon a fOrm.of application, in Which application said employee shall set forth the following: 'als name; what department of the City of Bakers- field he was working in at the time of injury, or illness; the salary, or wage, he was receiving at that time; the date of the injury, or illness; the fact that he has applied for compensation from'the Insurance Fund of the State of California, or the Industrial Accident Commission of the State of California, and that he has received compensation '- therefrom, and the d'ate'~ upon'which :he,has actually received such compensation, and the mount ef"com. .... "..: pensation so awarded him, and the time when said com- pensation, so awarded him, is to be'terminated; also a statement Go the effect that in the event the City of Bakersfield has, for any reason, paid the sai~'appli- cant compensation during the time when the app'i~nt was, for any reason, not entitled thereto, that he,.the'~.appli- cant, agrees that the amount of compensation so "~id"will be refunded-by him. .......... Said application shall further recite that the a~plicant in consideration of making this application the event the injuries, or illness, to the applicant such that he would have a claim for damages, or cause .';..:f:'. of action. against any other person, firm or corporatiQ for said injuries or illness, that he does hereby tran~ fer and set over unto the City of Bakersfield, a munici- pal corporation,all of his right, title and interest in and to such claim for damages, or cause of action, aris- ing out of said injuries, or illness, and subrogates the City of Bakersfield to all of his right as affecting said injuries, or illness, and agrees to lend all possible assistance to the City of Bakersfield in a'prosecution upon said claim for damages or cause of action for said injuries. The application when'made, filled out and signed, shall be sworn to by the applicant before an officer authorized to administer an oath and filed with the City Manager of the .City Of Bakersfield. SECTION 6. Upon the employee complying with the above provisions so as to entitle him to compensation as herein provided, then in that event a claim for compensation for injuries, or illness, received shall be made by such employee and filed with the City Manager of the 0ity of Bakersfield. Such claim so filed shall immediately be approved by ..the. City Manager of'said City and an order shall be made by him author- "' izing and requesting the Auditor'Of the City of Bakersfield to draw a warrant upon the treasur~r of the City of Bakersfield for' the amount of _ compensation so due. Thereupon the..Auditor of the City of Bakersfield shall draw such 'warrant upon the treasux.~of the City of Bakersfield ._ "-~:n~-_.. ~:~ -'=~- "- for such compen'~ation so due, as aforesaid, and the Treasurer""0f said .City of Bakersfield shall thereupon pay the same, which payment shall be made out of the general fund of the City of Bakersfield, provided it shall always be the duty of such employee seeking the benefits. of this ordinance, t~ always notify the City Manager of the City of Bakersfield, at once when his compensation for such injuries, or illness ....... . . ."- ....~.~,,. ~~.,...: ~..~.~.. '.~ ~.: ~...~ - . .~ .:.. ,.~:i~'~;:.~'...=~.::~~.~':-. has been terminated by the Insurance Fund of the State of California, or,:.the industrial Accident Commission of the State of California. "' '~" "5 .'-'~ SECTION V, The provisions 'of this ordinanc.e'are"'~ntended'to be an addition to and to supplement the provisions of the Worlunen's Compen- / satton,. Insurance and Safety Act of 1917, as amended, end is made to .. provide for a scheme of compensation of injured., or ill, employees of the City of Bakersfield in addition to the compensation awarded, or paid, by virtue of the Worxn, en's Compensation, Insurance and Safety Act of !~17. SECTION 8. .' The City Manager~of the City of Bakersfield shall at all times have the right,privilege., and authority to make, prescribe · ~nd order further rules and regulations for the payment of compensa- ..rich as provided in this ordinance, in addition to those rules herein set forth. The rules, or regulations, or orders, when made 'shall be binding upon all employees of the City of Bakersfield. SECTION 9. ='.' Wherever in this ordinance the singular is used, the plural shall be included; where the masculine geneer is used, the feminine gender shall be included. SECTION 10. In the event any section, sub-section, sentence, clause· or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the re- mainihg portion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section and sub- section thereof j- irrespective of the fact that any one or more of the sections, sub-sections, sentences, clauses, or phrases., be de- ... clared unconstituti'onal or invalid. ..-_ _ _ - ...... : .- -. c~ .... 000 ..... I HEREBY CERTIFY that the foregoing Ordinance.'-~ regularly passed and adopted by' the<.'CO._u~.cil of the City 'of Bakers- field, on the/~ day of September, 1925, by .the following vote: Ayes: Bah,, Bensen, Carlisle, Carlock, Gri~th, Mar6n, S~ner Ctt~~lerk Of the .. Council of the City of Bakersfield, California. AP OV s/~uday of September, MP O~jC~rsfield. -5 -