Police sue city over workers’ compensation plan

Torus Tammer

HUNTINGTON BEACH -- The Huntington Beach Police Officers Assn. has

filed suit against the city, alleging it has failed to properly provide a

workers’ compensation insurance plan for the Police Department and other

city employees.

In the suit filed Aug. 24 in Orange County Superior Court, the police

union says the city, a self-insured entity, is violating the law by using

the employees’ health plan to cover certain work-related claims instead

of paying employees through the workers’ compensation plan.

The police officers association is seeking unspecified compensatory

and general damages.

Neither the Huntington Beach Police Assn. nor its representatives were

available for comment.

By using the employee health plan to pay these claims, the city forces

employees to pay 20%. Workers’ compensation requires the employer to pay

100% of each claim, according to a statement by the police association.

The health plan, the union claims, is an 80-20 split between the employer

and employee, with the city paying only 80%.

The union wants to stop the city from relying on its employee health

plan as a workers’ compensation plan.

However, Karen Foster, the city’s risk manager, said the city provides

workers’ compensation and does so in compliance with the law.

“All the allegations are patently false and without foundation

whatsoever,” she said.

Foster said the city of Huntington Beach has been self-administered

and self-insured since 1988, and that there is no room for mistakes or

carelessness.

“The vast majority of claims are routinely accepted, and only 2% to 3%

are rejected,” Foster said. “We have to make sure that we have

substantial evidence if we reject a claim because workers’ compensation

is always liberally construed in favor of the injured worker.”