Loading...
Resolution No. 4522 1 RESOLUTION'....NO. 4522 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETERMINING THE DISABILITY 3 OF ERNEST T. BRAZIL, A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY OF VERNON 4 (S2l024 & 21025 Government Code) 5 WHEREAS, the City of Vernon (hereinafter referred to 6 as "Agency") is a contracting Agency of the Public Employees 7 Retirement System; and, 8 WHEREAS, the Public Employees Retirement Law requires 9 that a contracting agency determine whether an employee of such 10 Agency in employment in which he is classified as a Local Safety 11 Member is disabled for the purposes of the Public Employees 12 Retirement Law and whether such disability is "industrial" within 13 the meaning of such law; and, 14 WHEREAS, by this Resolution the Agency is hereby filing 15 an application for the disability retirement of ERNEST T. BRAZIL 16 employed by the Agency in the position of Sergeant; and, 17 WHEREAS, the City Council of the City of Vernon has 18 reviewed the medical and other evidence relevant to such alleged 19 disability. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 21 THE CITY OF VERNON AS FOLLOWS: ~"C 22 SECTION 1: That the Ci~.Vernon find and determine _.~._.---- 23 and it does hereby find and determine, that ERNEST L. BRAZIL is 24 incapacitated within the meaning of the Public Employees Retire- 25 ment Law for performance of his duties in the position of Sergeant 26 for the City of Vernon. SECTION 2: That the City of Vernon find and determine 27 28 and it does hereby find and determine, that such disability is a - 1 - 1 result of injury or disease arising out of and in the course of 2 employment and neither ERNEST T. BRAZIL nor the Agency has 3 applied to the Workmens' Compensation Appeals Board for a deter- 4 mination pursuant to Section 21026 whether such disability is 5 industrial. 6 SECTION 3: That the City Council of the City of Vernon 7 determine that such disability became permanent and stationary 8 on October 15, 1977, and said disability is determined to be of 9 a permanent nature, and said ERNEST T. BRAZIL is removed from the 10 City payroll on January 3, 1978. 11 SECTION 4: That the City Clerk of the City of Vernon 12 shall certify to the passage of this Resolution and thereupon 13 and thereafter the same shall be in full force and effect. 14 PASSED, APPROVED AND ADOPTED this 3rd day of January, 15 16 1978. ........ 17 18 19 ATTEST: 20 21 6dfidtM~ BRUCE V. MALKENHORST City ClerklDirector of Finance 22 23 24 25 26 27 28 - 2 - 5 6 7 8 9 10 11 12 13 14 15 16 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 I < . ~ II 21 3 STATE OF CALIFORNIA SSe COUNTY OF LOS ANGELES I, BRUCE V. .r<fALKENIlORST, City Clerk of the City of Vernon, 4 do hereby certify that the foregoing Resolution, being Resolution No. 4522 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular me~ting of the City Council held on January 3, 1978 .4~..;/#'~ \.: . ~ BRUCE V. . MALKENHORST City Clerk " ..... ~. . ....., .....-:., ..; . c....:...'....-........'".:........: . ".., '0 583.8811 587-5171 583-4821 583.8811 583-8811 583-8811 OFFICERS CITY COUNCIL LEONIS C. MALBURG. MAYOR HILARIO GONZALES KEITH K. KAESER WILLIAM M. McCORMICK THOMAS A, YBARRA BRUCE V, MALKENHORST. CITY CLERK - DIRECTOR OF FINANCE J. A. VENEZIA. CITY TREASURER DAVID B. BREARLEY. CITY ATTORNEY TELEPHONES CITY CLERK - - POLICE DEPT. . - - FIRE DEPT. - . . - BUILDING DEPT. -- PUBLIC WORKS DEPT. HEALTH DEPT. . . . ARTHUR E. NELSON. JR.. DIRECTOR OF PUBLIC WORKS/BUILDING C. E, NEMETH!. M,D.. HEALTH OFFICER FRED H. COLVIN. FIRE CHIEF SPENCER E. HOGAN. POLICE CHIEF CITY HALL 4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058 IN REPLY REFER TO: January 4, 1978 Public Employees' Retirement System P. O. Box 1953 Sacramento, California 95809 Re: Disability Retirement of Ernest T. Brazil Gentlemen: Enclosed please find two certified copies of City of Vernon Resolution No. 4522 - Determining the Disability of Ernest T. Brazil, a Local Safety Member Employed by the City of Vernon (Section 21024 & 21025 Government Code), which was passed, approved and adopted by the City Council of the City of Vernon at its regular meeting held January 3, 1978. If there is anything further required, please let me know and we will comply immediately. Yours very truly, Toma1yn Bures Deputy City Clerk tcb Enclosures cc: City Attorney E. Brazil ~ CITY COUNCIL LEONIS C. MALBURG. MAYOR HILARIO GONZALES KEITH K. KAESER WILLIAM M, McCORMICK THOMAS A. YBARRA TELEPHONES CITY CLERK - - POLICE DEPT. - - - FIRE DEPT. - - - - BUILDING DEPT. -- PUBLIC WORKS DEPT. HEALTH DEPT. - - . 583.B811 587-5171 583-4821 583-8811 583-8811 583.8811 CITY HALL )/,*' IvY ~DECdl0 19711918 d-'L l" . {f< o"'~. j AN 3 t- ~ jl . ~ ~RUCE' . MALKENHORST. ~.. pi' ~IT; CLERK. DIRECTOR OF FINANCE >' . ~h J, A, VENEZIA. CITY TREASURER DAVID B, BREARL.EY. CITY ATTORNEY ARTHUR E. NELSON, JR.. DIRECTOR of PUBLIC WORKS/BuILDING C. E. NEMETHI, M,D.. HEALTH OFFICER FRED H. COLVIN, FIRE CHIEF SPENCER E, HOGAN. POLICE CHIEF 4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058 December 14, 1977 City Council City of Vernon California Honorable Members: IN REPLY REFER TO: On December 12, 1977, the Finance Committee considered evidence regarding a Disability Retirement for Police Sergeant Ernest T. Brazil. It is the recommendation of this Committee, based upon the information submitted, that the City Council approve a Dis- ability Retirement for Sergeant Brazil. Thank you for your consideration of this recommendation. Respectfully submitted, tcb J CITY COUNCIL OFFICERS LEONIS C. MALBURG. MAYOR HILARIO GONZALES KEITH K. KAESER WILLIAM M, McCORMICK THOMAS A. YBARRA BRUCE V. MAL.KENHORST. CITY CLERK. DIRltCTOR OF FINANClt J. A, VENEZIA. CITY TRltASURltR DAVID B. BREARLEY. CITY ATTORNEY ARTHUR E. NELSON. JR.. DIRECTOR OF PUBLIC WORKS/BuILDINc; C. E. NEMETHI. M.O.. HE:ALTtI OFFICER FRED H. COLVIN. FIRE CtlIltF SPENCER E. HOGAN. POLICE CtllEF TELEPHONES CITY CLERK - - - - - . 583-8811 POLICE DEPT. - - - - _ 687.5171 FIRE DltPT. - . - . - . 583-4821 BUILDING DEPT. ... 583.8811 PuBLIC WORKS DEPT. 583.8811 HEALTH DEPT. . . - - . 583.8811 CITY HALL 4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058 December 13, 1977 IN REPLY REFER TO, Mr. Ernie Brazil c/o Vernon Police Department 4305 Santa Fe Avenue Vernon) California 90058 Re: Application for Disability Retirement Dear Mr. Brazil: On December 12, 1977, the Finance Committee con- sidered the following information in order to determine if the City should request that you be granted a disability retirement: 1. Records of Dr. W. T. Zi~~er) M.D., 3731 Stocker Street, dated October 27, 1975 (family doctor); 2. Records of Dr. James W. Armshaw, M.D., 3791 Katel1a Avenue) Los A1amitos, California 90720.. Dr. Armshaw treated Mr. Brazil at the Los A1amitos Medical Center where various tests were performed, including a test by Dr. Kenneth E. Lynch, M.D. - Upper GI series, September 14, 1977. The first report of Dr. Armshaw is dated March 15, 1977, and he was the first doctor who treated Mr. Brazil when he went off work on March 8, 1977; 3. Reports of Dr. Morton Kritzer, M.D., who was to examine Mr. Brazil at the request of CDS. report concerns the examination of April 14, and is dated August 9, 1977; 4. Report of Dr. Martin M. Goldfarb, dated October 15) 1977 of 2080 Century Park East, Suite 1806, Century City, California 90067. Said report concerns ex- amination performed on October 13, 1977. asked The 1977 ...-.' ..,.... Mr. Ernie Brazil Re: Disability Retirement Page Two December 13, 1977 ~--~-~~~~----~-----~--------------------------------------~--- After consideration of said information, the Committee recommended that the. City Council request that you be granted a disability retirement. The City CoUncil will consider the Committee's rec- ommendation at its meeting to be held December 20, 1977. there- fore) if you wish to submit additional information for considera- tion, you must transmit such information to the City Clerk's office prior to December 16, 1977', in order for it to be included in the City Council Agenda. The City Council's normal deadline for submitting writ- ten correspondence is 3:00 o'clock p.m. on the Friday preceding the Council's next regularly scheduled meeting. If you have any questions concerning the above, please call me. Yours very truly, .,/-- ...:1{i .~l -;' /. . ..... . /: .' /- /1~--JI/ j;f2l'/~ 1,,--_. /,I"r~ BRUCE V. MALKENHORST City C1erk- Director of Finance tcb cc: Police Chief City Attorney ~., ... REPORT OF FINANCE COMMITTEE 'CITY OF VERNON CONCERNING THE INDUSTRIAL DISABILITY OF MR. ERNEST T. BRAZIL IN RELATION TO HIS QUALIFICATION FOR DISABILITY .RETIREMENT December 9, 1977 Mr. Ernest T. Brazil is employed by the City of Vernon as a Sergeant and was assigned to the Records Bureau ~n 1972. MrJ Brazil filed an Application for Adjudication' of Claim with the Divis~on of Industrial Accidents, Workmen's Compensation Appeals Board on Sept- ember 26, 1977 alleging that he had sustained injuries arising out of and in the course of employment r.e: "Hypertensive, cardiovascular disease and hiatal hernia". Mr. Brazil, at present, is reporting for duty, however, he periodically takes time off because of his physical disabilities. Mr. Brazil has visited several doctors at the request of his attorney and at the request of CDS of California, the City's consulting Workmen's Compensation adjuster. He has not received a final award in response to his claim for workmen's compensation benefits and he is presently permanent and stationary in regard to portions of his injury. He has not filed for Public Employees Disability Retirement and the City is presently in receipt of the following medical reports and files. - 1 - 1. Records of Dr. W. T. Zimmer, M.D., 3731 Stocker Street, dated October 27, 1975 (Family Doctor) 2. Records of Dr. James W. Armshaw, M.D., 3791 Katella Ave., Los Al,amitos,California 90720. Dr. Armshaw treated Mr. Braz~l at the Los Alamitos Medical Center where various tests were performed, including a test by Dr. Kenneth E. Lynch, M.D. - Upper G1:s-e-:r.i.e,9, September 14, 1977. ' The first report of Dr. Armshaw is dated~Ma1:'gh.,,15, 1977 and he was the first doctor who treated Mr. Brazil when he went off work on March 8, 1977. 3. Reports of Dr. Morton Kritzer,M.D., who was asked to examine Mr. Brazil at the request of CDS. The report concerns the examination of April 14, 1977 and is dated August 9, 1977. 4. Report of Dr. M~rtin M. Goldfarb, dated October 15, 1977 of 2080 Century Park East, Suite 1806, Century City, California 90067. Said report concerns examina- tion performed on October 13, 1977. Mr. Brazil was hired by the City of Vernon on October 1, 1961 and he was born on November 13, 1931 and is approximately 46 years of age. Mr. Brazil went off work on March 8, 1977 and returned to work with a doctors release on April 25, 1977. Since that time he has been examined by Dr. Goldfarb and his attorney has filed an Application for Adjudication of Claim with the Workmen's Compensation Appeals Board and has filed a Declaration of Readiness. It appears from the report of Dr. Goldfarb that Mr. Brazil has reached a permanent and stationary position in respect to all four of Dr. Goldfarb's diagnosis conditions. a} Hypertensive, cardiovascular disease, b} Anxiety Neurosis, slight degree, c} Hiatal Hernia, d} Psychophysiologic Cardiovascular Reaction. - 2 - In addition, Dr. Goldbarb indicates that Mr. Brazil should be restricted from the following types of activities, a} Very heavy work activities and work activities involving emotional stress, b) Heavy/ ' /~<~ work activities, c} Work activites involving emotional stress. ~~ ~ '~ Further, Dr. Goldbarb agrees with a portion of Dr. Kritzer's report that his injuries were aggravated by phyeica1stresses such as those encountered in police work. Dr. Kritzer's report of August 9, 1977 includes very . extensive laboratory tests and an extensive careful history and as a result of said examination it is Dr. Kritzer's opinion that Mr. Brazil has hypertension of the "essential type". Further, Dr. Kritzer indicates, "I think it was~ggravated by anxiety, and I think that the anxiety is aggravated by his occupation". Further, Dr. Kritzer indicate that "I think this patient, let alone anyone who has hypertension, should have permanent and stationary disability". ./ Dr. Kritzer indicated that "I think that his occupational aggravation was 40 percent". There is obviously some difference between the opinions of Dr. Kritzer and Dr. Goldfarb in many areas involving Mr. Brazil's allegations and claims, however, they do agree in two essential areas. 1) That the condition is a permanent and stationary condition and 2) the condition has an involvement due to his industrial occupation. Since Mr. Brazil has not filed an Application for Disability Retirement if the committee wishes to retire Mr. Brazil the City must file said application and may do so concurrent with its adoption of a Resolution of Disability Retirement. - 3 - '. The basis requirements, pursuant to the Government Code, requires that the disabling condition be determined to be industrially related and as a practical matter that his condition reach a permanent and stationary position.' Dr. Kritzer does agree that the disability would prevent Mr. Brazil from doing strenuous work and he should not work in "emotionally trying situations". It appears obvious that his position in the Records Bureau has contributed to his condition in the sense there does not appear to be any positions in the Police Department, at present, which are less demanding than his position in the Records Bureau. It would appear that Mr. Brazil would be precluded from performing the functions of other positions within the Police Department as ,said restrictions are enumerated in the report of Dr. Kritzer and Dr. Goldfarb. If the Finance Committee votes to recommend to the council that Mr. Brazil be retired; I would advise that Mr. Brazil be placed off duty and receive 4850 pay until he is officially retired by the City Council. I think it is important to note that Dr. Goldfarb, a doctor selected by Mr. Brazil's aitorney, and Dr. Kritzer, a doctor selected by CDS the City's consultant for workmen's compensation matters, appeare to agree on the essential matters that, l} The injury is industrially related, 2} He has reached conditions of permanent and stationery, 3} Job restrictions preclude him from performing activities and other assignments for the Vernon Police Department as the assignments are currently described. - 4 - '" .... This report is hereby submitted for your consideration. DAVID B. BREARLEY, City Attorney - 5 - ct' .~.. ~ a ALo/ POLICE DEPARTMENT DEe 20 1977 LEON IS C. MALBURG. CHAIRMAN THOMAS A. YBARRA WILLIAM M. MCCORMICK S. E. HOGAN POLICE CHIEF BOARD OF POLICE COMMISSIONERS (~) ~ POLICE HEADQUARTERS 4305 SANTA FE AVENUE PHONES 587-8135 587_8136 587-8137 587-8138 587 -4583 CITY HALL 4305 SANTA FE AVE.. VERNON. CALIF. 90058 December 14, 1977 Honorable city Council city of Vernon Vernon, California Honorable Members: Regarding notice of retirement hearing on 12-20-77, I have a medical appointment with the City doctor, Dr. Norman Barr, copy attached, at the same time and hope that he will find me to be fit for my present duties so I may continue to work. I have not had adequate time to secure legal counsel to represent me at this hearing and request that the hearing be continued to the next regular council meeting, giving me sufficient advance notice, so that I can be properly represented; and allowing sufficient time for council to review the new medical report by the City doctor. I request that I be placed on Injury Leave with pay pending council determination. Sincerely, ~T~~ Ernest T. Brazil cc: Attorney Harold Green . In (' D S of California ...-~~* I ~ / .. -~ ,[~ .;lony 23820 Hawthorne Blvd., Torrance, California 90505 (213) 373-6825 November 3, 1977 Ernest Brazil 5196 Brunswick Drive Cypress, CA 90630 VN 77 0015 Ernest T. Brazil City of Vernon D/I: 3/8/77 Dear Mr. Brazil: We have made an appointment for you to be examined by the doctor listed below at the time and place stated. Your failure to be present for this examination could seriously jeopardize your rights to future compensation benefits. If for any reason you are unable to keep this appointment, please call the doctor's office tmmediatelyand make arrangements for another appointment. DATE: December 20, 1977 TIME: 1:30 p.m. 3'13 ~I 8~JI, RoBE/<:Is~ H/tt5 OFFICE OF: Dr. Norman Barr, M.D. TELEPHONE: 659-5888 Yours very truly, C{": ~~/Vr 7il ,/l/'P/2-#PY DEe 20 1977 583.8811 587.5171 583.4821 583.8811 583-8811 583-8811 OFFICERS CITY COUNCIL LEONIS C. MALBURG. MAYOR HILARIO GONZALES KEITH K. KAESER WILLIAM M. McCORMICK THOMAS A. YBARRA BRUCE V. MALKENHORST. CITY CLERK. DIRECTOR OF FINANCE TELEPHONES CITY CLERK . - POLICE DEPT. - - - FIRE DEPT. . . - - BUILDING DEPT. -- PUBLIC WORKS DEPT. HEALTH DEPT. - . . J. A, VENEZIA, CITY TREASURER DAVID B, BREARL.EY. CITY ATTORNEY ARTHUR E, NELSON. JR.. DIRECTOR OF PUBLIC WORKS/BuILDING C. E, NEMETHI. M,D.. HEALTH OFFICER FRED H. COLVIN. FIRE CHIEF SPENCER E. HOGAN. POLICE CHIEF CITY HALL 4305 SANTA FE AVENUE. VERNON. CALIFORNIA 90058 IN REPLY REFER TO: December 16, 1977 City Council City of Vernon California Honorable Members: Based on communications received from Police Sergeant Ernest T. Brazil advising of extenuating cir- cumstances related to his presence and representation at the Council Meeting to be held December 20, 1977, to hear the issues regarding his Disability Retirement, it is hereby recommended that the hearing be continued to the next regularly scheduled City Council meeting to be held January 3, 1978. Thank you for your consideration of this request. Respectfully submitted, BRUCE V. MALKENHORST City C1erk- Director of Finance tcb cc: Sergeant Brazil