Resolution No. 4626
1 RESOLUTION NO. 4626
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY OF ROBERT
3 EUGENE OLSON, A LOCAL SAFETY MEMBER EMPLOYED
BY THE CITY OF VERNON (~~21024 and 21025 of
4 the 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 ROBERT EUGENE
16 OLSON employed by the Agency in the position of Patrolman II; 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:
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SECTION 1: That the City of Vernon find and determine
and it does hereby find and determine, that ROBERT EUGENE OLSON
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is incapacitated within the meaning of the Public Employees'
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Retirement Law for performance of his duties in the position of
Patrolman II for the City of Vernon.
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SECTION 2: That the City of Vernon find and determine
28 and it does hereby find and determine, that such disability is a
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result of injury or disease arising out of and in the course of
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employment and neither ROBERT EUGENE OLSON nor the Agency has
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applied to the Workers' Compensation Appeals Board for a deter-
mination pursuant to Section 21026 whether ,such disability is
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industrial.
SECTION 3: That the City Council of the City of Vernon
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determines that such disability became permanent and stationary
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on July 24, 1978,
and said disability is determined to be of
9 a permanent nature, and said ROBERT EUGENE OLSON is removed from
10 the City payroll on February 6, 1979.
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SECTION 4: That the City Clerk of the City of Vernon
12 shall certify to the passage of this Resolution and thereupon and
13 thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 6th day of February, 1979.
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THOMAS A. Y RRA, Mayor Pro Tern
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ATTEST. .. .~..
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
VernQn, do hereby certify that the foregoing Resolution, being
Resolution No. 4626 , was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at a regular meeting of the City Council held on Tuesday,
February 6
, 1979.
( SEAL)
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Clerk
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REPORT OF THE CITY ATTORNEY
TO THE<CITYCOUNCILOF THE CITY OF VERNON
CONCERNING ~HE'dINDUS'.PRIAL DISABLLITY OF MR.
ROBER'!' EUGENE OLSON IN RELATION TO HIS QUALIFICATION FOR
DISABILITY RETIREMENT
FEBRUARY 6, 1979
Mr. Robert Eugene Olson is employed by the City of
Vernon as a Patrolman II and was assigned to patrol duties. Mr.
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Olson filed three (3) Applications for Adjudication of Claims
with the Division of Industrial Accidents, Workers' Compensation
Appeals Board on April 27, 1977, October 31, 1977 and May 19,
1978, all three Claims allege continuous emotional and ph~sical
trauma and chest pains during patrol. After substant.ial'ltl~dical.
investigation, it has been determined that Mr. Olson suf.fersfrom
Hypertension.
Mr. Olson has visited several doctors at the r~uest
of his attorney and at the request of CDS of California, the City's
consulting Worker's Compensation adjuster.
Mr. Olson, the State Compensation Insurance~'!t?d, .,.and
the Cii(~r~}~~p)$tant:i.~J;~: agt~~d to a compromise and release~n
respec.tto-Mr. Olspn!s qlai!lls.. fQr workers' compensation benef.its
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and hi' 'ispreseht.l~<permaneI\.t and stationary in regard to the
exten.J:,f,Clrfi na.fi~;-e;...~~,.}hi$. Hypetl~p.sion.
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He has not filed for pUblic Employees' Disability
Retireme1'l~ and the City is presently in receipt of the follo:w:i.ng
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medical reports and files.
1. Dr. Lowell Bennett, M.D., St. Francis Hospital,
dated Fepruary 4, 1977;
2. Records of Dr. George M. H. Chun, M.D.,COnsult:ant
in Cardiology, 5580 E. Second Street, Suite 208, Long Beach, CA
90803, dated March 24, 1977, November 9, 1977, May 15, 1978,
July 24, 1978 and January 18, 1979. Dr. Chun felt that "in my
medical opinion his occupation as a police officer has definitely
aggravated his basic condition of hypertension" and "he is not
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capableo.~ ;per,;fOJ:iini~t.he full ~,ange of duties as a poliee off:teer
without stress levels which would be detrimental to his overall
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heal t:f1 st~tt1~~' .';>
'c" ~" .,Reportsof Dr. .;rphn S. Godes, M.D., dated May 11,
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1977 ~and JAUgGS.e::9;; 1:977;
4. Records of Dr. Rueben E. Merliss, M. D., dated
F..I~bruary if 81 1978.
Mr. Olson was hired by the City of Vernon and began
working on June lj 1972, his date of birth is March 12, 1939 and
he is presently 39 years of age.
Mr. Olson initially went off work on February 3, 1977
and ,returned after ~pproximately one week of absence and during
June of 1977 underwent 'a series of examinations relating to'hls
disability of February 3, 1977.
He continued to work for the City and suffered a
second injury on April 8, 1978 wherein he went off work and has
not returned. Since February 3, 1977, he has been examined by the
doctors indicated above, and his attorney has filed the three (3)
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Applications for Adjuq.icatioa:of'"iClaim~' with t:~Ei Wo:t:ke~tJCo:m~
pensatiOI1APpeals Board anda''te~t~T:4ye.'p'ettl~qtent ;qf~is claim
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has been agreed to by all parties, leaving only the filing of
the,c6:ritpromise.and release for approval by the Judge of the Workers'
Compensation Appeals Board.
Dr. Chun was selected by CDS during the course of
treatment of Mr. Olson to advise the City concerning Mr. Olson's
claims for disability.
Dr. Chun in his July 24, 1978 report indicates that
Mr. Olson was permanent and stationary on that date; howevi!r,1
his treadmill did not show. ischemia or lack of oxycfento his
heart muscle due to poor circulation in his opinion, .but he did
show a..hyp~rtensive response to.. exercise despite drugs ,to treat
his hypertension. ,Further, he indicated that "his hypertension
is not controlled :byme4<:tcation. to a degree that he would be able
to perform full duties of ,a police officer as even ona simple
treadmill stress test he shqwEv' systolip hy~ertension to,l174mm'
of mercury after only two.:min~tes of walking .In our opin'ion Mr.
Olson will definitely req-uirefurther,medica.l treatment:' ~9rthis
problem on a regular basis... .~ri.
Dr. Chun sent me a letter on January 18, 1979 in
respionse ~<)atelephone conversatio:n'~ihad!:whtlJ.'l him,t~p~_~nin9ill:;,;rCt'
to his Jul:y 24, 1979 r~portwherein he states "as we,discussed
over the phone irlmy medical opinion his occ:upation as a, police
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officer has definitely aggravated his basiOCbndition. ,of hyper....
tension: Al.soasindicated,oVler::the,telephonewe feel.tha~ from
a medical 'point. of view he is not capable of .,performingthe' full
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range of duties as a police officer without s,t.~e$s levels 'which
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would be detrimental -to his o'V~~al:Jf" ~al~ ~,~-tp~ ,,~)!,forIn6t,
pol,ice work would carry with it attendant stresses .w'hic,l:).'we fee!
would be detrimental to this man's overall healthcondrt.1.on,. in
view of hishyperten~ionwhich is under therapy'right now~n
There does not appear to be substantial diffe;r:e'n~f1s
in the 'repOJt'ts'of the various doctors concerning Mr. Olson's
hypertension and work restrictions related thereto.
the applicant's att.orney se~tMr. Olson to D.:r. ,Merliss
for his evaluation in relation toMr.Olsonts abil:i;.ty to'perfcrm
the d:uties bfhis position., anc;l Dr. Merliss asf'ar back as F~bj:iaa:ty.,,8,
19.78 opined nasa result of this. patient's wQrk he has~ve~$ped
hyperteni!d:yecardioyaE:i.cular disease. This is great en~uSl~'topre-
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cl:i.1,dehim from heavy Viork, or fr.om.: wor~ing in an, atmosphere(9f'
tension or stress atiYfurther.".
It appears, thereforE;;, that much of. th~ medical evidence
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pre,c:lnaes .Mr.. Olson from retuxning to his duties as a police officer.
~$inceMr.o.lson has not filed an1\.pplicatio~~or
Disability Retirement, if the city Council wishes to retire Mr.
Olson_, the City must . file said Application and may. do so com..
current w,,:.ith.it/i. adoption of a Resolution of Disabil;~. ty~etirement.
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The basic requirements, pursl,lant to the Gove#~ent';, ,.'
Code ~,S21024'and 21025 requires that the diisabling condition be
determined,;~ be industrially relate,d and as a practical matter
that his condition 'reach a permanent and stationaxy ~ositiori.
Dr. Merliss and Dr. Chun agree that '. the
would prevent Mr. Olson from doing police duties,or from working
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in a pOiSition of emotional stress.
It appears that Mr. Olson's duties in the patrol
division causeS "him to incur s,ubstantial amounts of stress and
tension while performing the duties of his position.
I tnink it is important to note that Dr.. Chun, a
,doctor, selec.~e(l :by CDS, and Or. Merliss, a doctor selected by
Mr. Olson's attorney, appear to agree on the following essential.
matters:
1. That the injury is industrially related;
2. That Mr. Olson has reached a condition of
permanent and stationary;
3. That they have opined job restrictions. which pre'"
elude him from performing activities and other assignments with
the Vernon Police Department in his current position.
This report.is hereby submitted for your considerat,ion.
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DAVID B.. BREARLE ,
City Attorney
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CITY COU/'ICII.
OFFICERS
LEONIS C. MALElURG, MAYOR
HILARIO GONZALES
KEITH K. KAESER
WILLIAM M. McCORMICK
THOMAS A. YBARRA
BRUCEV.MALKENHORST.
CITY ADMINISTRA'tOR/ClY't CURK
OAVID B. BREARLEY. CITY .ATTOlt"EY
TELEPHONES
CITY CLERK . . .. . . . 583.6811
POLICE DEPT. - . . . .567-5171
FIRE DEPT. . - '.' . . 563.4621
BUILOING ~PT. .. 583.8811
PuBLIC WORKS DEPT. 583.6811
HEAI.TH OEPT. . - . .. . 583.8811
ARTHUR So. NEL$ON. JR..
DIRECTOR OFPUBI.IC WORKS/eUILOtlfGlHUUH OFFICER
GEORGE F. llASS. "'1" CHilII'
SPENCER E. HOGAN. POI..ICltCHIEF
CITY HALL
4305 SANTA FE AVENUE, VERNON. CALIFORNIA 90058
February 7, 1979
IN REPLY REFER TO:
State of California
Public Employees' Retirement System
1416 Ninth Street,
P. O. Box 1953
Sacramento, California 95809
Gentlemen:
Enclosed herewith is duplicate original of RESOLUTION NO. 4626,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETER-
MINING THE DISABILITY OF ROBERT EUGENE OLSON, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON (Sec. 21024 and 21025 OF
THE GOVERNMENT CODE).
Our records show: D.O.. B. 3/12/39
S. S. =If 509-40-1658
Employed as Police Officer 6-1-72
If we can be of further assistance, please do not hesitate to contact
us in this regard.
am
Encl.
Yours very truly,
~ /J.A~
1" h } Bruce V. Malkenhorst
rI v City Administrator/CityClerk