Resolution No. 4630
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1 RESOLUTION NO. 4630
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY OF
3 HENRY LEROY WILSON, A LOCAL SAFETY MEMBER
EMPLOYED BY THE CITY OF VERNON (~~2l024 and
4 21025 of 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 Henry Leroy
16 Wilson employed by the Agency in the position of Patrolman II;
17 and,
18 WHEREAS, the City. Council of the City of Vernon has
19 reviewed the medical and other evidence relevant to such alleged
20 disability.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
22 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City of Vernon find and determine
24 and it does hereby find and determine that Henry Leroy Wilson is
25 incapacitated within the meaning of the Public Employees Retire-
26 ment Law for performance of his duties in the position of Patrol-
27 man II for the City ,of Vernon.
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SECTION 2: That the City of Vernon find and determine
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1 and it does hereby find and determine, that such disability ~~ a
2 result of injury or disease arising out of and in the course of
3 employment and neither Henry Leroy Wilson nor the Agency has
4 applied to the Workers' Compensation Appeals Board for a deter-
5 rnination pursuant to Section 21026 whether such disability is
6 industrial.
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SECTION 3; That the City Council of the City of Vernon
8 dete.rrnines that such disability became permanent and stationary
9 on June 22, 1978, and said Henry Leroy Wilson is removed from the,
10 City pay~oll on March 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
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13 and thereafter.the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 6th day of' Marchi 1979.
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-THOUAS A. YBARRA: Mayor Pro
Tem
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A'l'TEST;
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BRUCE V. ~LKENHORST, C~ty Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
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5 Verno.n, do hereby certify that the foregoing Resolution,. being
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Resolution No. 4630
, 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
March 6
" 1979.
(SEAL)
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BRUCE V. ~1ALKENHORST, C~ty Clerk
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CITY COUNCIL
,OFFICERS
LEONIS C, MALBURG. MAYOR
HILARIO GONZALES
KEITH K. KAESER
WILLIAM M, McCORMICK
THOMAS A. YBARRA
BRUCE V. MALKENHORST.
CITY ADMINISTRATOR I CITY CI.ERK
DAVID B. BREARLEY. CITY ATTORNEY
TELEPHONES
CITY CLERK . . - . . - 583.8811
F"OLICE DEPT. . . - . . 587.5171
FIRE DEPT. - - . . - . 583.4821
BUILDING Dl::PT. . . 583.8811
PUBLIC WORKS DEPT. 583'8811
HEAL.TH DEPT, . - . . . 583-8811
ARTHUR E. NELSON. JR..
DIRECTOR OF PUBLIC WORKS/BUILDING/HEALTH OFFICER
GEORGE F. BASS. FIRE CHIEF
SPENCER E. HOGAN. POLICE CHIEF
CITY HALL
4305 SANTA FE A VEN U E. VERNON. CALIFORNIA 90058
March 6, 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. 4630
A Resolution of the City Council of the City of Vernon Determining the Dis-
ability of Henry Leroy Wilson, A Local Safety Member Employed by the City
of Vernon (Sec. 21024 and 21025 of the Government Code).
Our records show: D. O. B. 6/28/26
S. S.:/I: 566-26-3347
Employed as Police Officer 12/4/52
, If we Cari be of further assistance, please do not hesitate to con-
tact us in this regard.
am
Encl.
Yours very truly,
.6'~/~
Bruce V. Malkenhorst
City Administrator ICity Clerk
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CITY CAF V~RNON CALIFORNIA IN REPLY REFER TO:
I , DEPT OF HEALTH AND
ENVIRONMENTAL CONTROL
December 6, 11978
T0: Bruce Malkenhorst (cc: David Brearley)
.FROM: Louis Hauger
.SUBJECT: Wilson, Henry L0, D/I 1/19/77, File VN770007, Police DeptO
Your. recommendation on .this-case (12/1/78) was to attempt to secure
disability retirement for this employee as soon as possible0
His age is 52-1/2 yearso Service with the City, 26 yearso His
disability retirement would be at 50`/o based on the current Police
Department Retirement P1an0 This employee has been on temporary
disability as follows: 1977-- 120 days
1978-- 87 days
TOTAL-- 207 days0
Employee's physicians are Dro Spellberg and Dro Armshaw who recommend
that he be maintained on light duty only0 Our medical consultant is
Frank Dituri, M.DO, who states that the employee is permanent and
stationary and, further, believes that the premature ventricular
contraction is a birth defect--and not industrially caused0 Dro Sosner
is the employee's psychiatrist and"he states .the chronic anxiety neur-
osis is due to stress of employment and there is no apportionment0
Dr. Barr, our consulting psychiatrist, states that the condition is
permanent and stationary, the disability is minimal with probably
about 50% apportionment to employment0
The cost of .this case to date (12/6/78) is: .Trust Fund--5,279000
4850--10,984000
TOTAL--16,263000
CDS has filed an action with .the WCAB (77ING42282) to apportion costs
of this case with .State Compensation Insurance FundO This case was
transferred to the LoAO WCAB on 7/17/78 for further proceedings0 I
am not aware of its current status0 Our file appears to be complete
on this case with .the .exception of a report-from Dro Goldfarb which
I requested CDS to send us0 I further requested CDS to take whatever
action is necessary to prepare this .case so the City can place this
employee on disability returement status per your instructions0
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CITY OF VERNON CALIFORNIA IN REPLY REFER TO:
DEPT OF HEALTH AND
ENVIRONMENTAL CONTROL
.December 6, 1978
T0: Bruce Malkenhorst (cc: David Brearley)
-FROM: Louis So Hanger
SUBJECT: Jurovich, Nicholas Jo, D/I 8/19/78, File VN780081, Fire Depto
This employee's .age is 52, His service time is 2506 yearso He is
eligible for retirement at this time at 58037`/00 He .has been on
temporary disability. since 8/13/78 (116 days)Q This employee has
been subject to recurrent low-back strain, some degenerative .changes,
and he also has chxczn~:c~F.lumbar disc diseased His physician is
Harley Deere, MoDo He is presently undergoing physicial therapy and
is on medicationo Per your instructions, I have notified CDS to
prepare this case so-the City can proceed to retire this employee
on disability-retirement as soon as possibleo
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CITY OF VERNON CALIFORNIA IN REPLY REFER TO:
DEPT OF HEALTH AND
ENVIRONMENTAL CONTROL
December 6, 1978
T0: Bruce Malkenhorst (cc: David Brearley; cc: George Bass)
.FROM: Louis So Hauger
SUBJECT: Marx, John Co, D/I 2/15/78, File VN780013, Fire Depto
Age 360 Service, 9 yearso This employee has been on .temporary dis-
ability since 4/18/78 (233 days)a Patient's physician is Harley Ro
Deere, MoDo; our medical consultant is John Bo Doyle, Jr,, MoDo
Dro Deere says employee is not P&S and cannot return to job as Fire
Fightero Still under treatment and physical therapyo Dro Doyle says
cervical disability-related to 2/15/78 and lumbar disability related
to 2/1/73 accident, and that the employee is able to return to work
on light dutyo CDS is attempting to have Dra Deere agree to the
light duty assignment; however, has not been .able to get a reply to
.dated Danell Matthews, CDS Account Executive, has advised, however,
that we can provide this employee with a light duty assignment based
on Dro Doy1e's recommendation and if he should refuse the light duty
assignment then we .could remove him from payrollo This employee has
had a record of .numerous minor injuries and. also numerous personal
illnesses since .his employmento He sufferred a serious dislocated
(separated) right shoulder injury which required surgery as the
result of a motorcycle accident in March of 19700 His. low-back pain
.problems started in July 1971, In April of 1973, after an accident
in February of that year, he underwent back surgery which resulted
in partial disc xemovalp He was granted a Finding-and Award by the
WCAB on his back with permanent disability of 2405%o This was picked
up by State Fundo He has another back strain in February 1976,
March 1977, and this current injury in February 19780. It would
appear. to me that he should be assigned to some permanent type of
light duty job (perhaps he .could be transferred to a different type
of job category)o Retirement would be costly because of his age (36)0
Your instructions were that this man be placed on dispatching or
clerical duties as soon as possible, or he be removed from payrollo
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