Resolution No. 4685
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RESOLUTION NO. 4685
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY RETIREMENT
OF LAWRENCE C. ELDRIDGE, A LOCAL SAFETY
MEMBER EMPLOYED BY THE CITY OF VERNON
[~~21024 & 21025 of the Government Code]
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WHEREAS, the City of Vernon (hereinafter referred to
7 as "Agency") is a contracting Agency of the Public Employees
8 Retirement System; and,
10 that a contracting agency determine whether an employee of such
9 WHEREAS, the Public Employees Retirement Law requires
II Agency in employment in which he is classified as a Local Safety
12 Member is disabled for the purposes of the Public Employees
13 Retirement Law and whether such disability is "industrial" within
14 the meaning of such law; and,
15 WHEREAS, by this Resolution the Agency is hereby filing
16 an application for the disability retirement of LAWRENCE C.
17 ELDRIDGE, employed by the Agency in the position of Police Officer
18 in the Vernon Police Department; and,
19 WHEREAS, the City Council of the City of Vernon has
20 reviewed the medical and other evidence relevant to such alleged
21 disability; and,
22 WHEREAS, such "industrial" disability was not caused
23 by third party liability.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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25 THE CITY OF VERNON AS FOLLOWS:
27 determines that LAWRENCE C. ELDRIDGE is incapacitated within the
SECTION I: That the City of Vernon hereby finds and
28 meaning of the Public Employees Retirement Law for performance
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1 of his duties in the position of a Police Officer in the Vernon
2 Police Department for the City of Vernon.
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SECTION 2: That the City of Vernon hereby finds and
4 determines that such disability is a result of injury or disease
5 arising out of and in the course of employment and neither
6 LAWRENCE C. ELDRIDGE nor the Agency-has applied to the Workers'
7 Compensation Appeals Board for a determination pursuant to S21026
8 of the Government Code whether such disability is industrial.
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SECTION 3: That the City Council of the City of Vernon
10 determines that such disability became permanent and stationary
11 on June I, 1979 and said disability is determined to be of a
12 permanent nature, and said LAWRENCE C. ELDRIDGE is removed from
13 the City payroll on December 4, 1979.
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SECTION 4: That the City Clerk of the City of Vernon
15 shall certify to the passage of this Resolution and thereupon
16 and thereafter the same shall be in full force and effect.
17 APPROVED AND ADOPTED this 4th day of December, 1979.
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..-< '/LEONIS C.
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No.
4685 , 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,
December 4
,1979.
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BRUCE V. r-1ALKENHORST, City
(SEAL)
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Mr. Lawrence C. Eldridge is employed by the City of Vernon
as a Police Officer. Mr. Eldridge has filed two (2) Applications
for Adjudication of Claims with the Division of Industrial Accidents~,
Workers' Compensation. Appeals Board on March IO, 1977 and August 8,
1978, alleging that he sustained injuries arising out of and in the
course of his employment On 10/14/76 and March 21, 1978 re: "low
back and left knee". Mr. Eldridge, at present, is not reporting for
duty.
Mr. Eldridge has visited.several doctors at ,the request of
his attorney and at the request of CDS of California, the City's
consulting Workers. Compensation Adjuster.
He has not received a final award in response to his ciaims
for workers' compensation benefits and he is presently permanent and
stationary in regard to his injuries.
He has not filed for Public Employees Disability Retirement
and the City is presently in receipt of the following medical reports
and files.
1. Reports of Robert E. Cassidy, M.D., 17752 Beach Boulevard,
Ste. 203, Huntington Beach, CA 92647, dated 3/22/78, 5/19/78,
6/20/78, 7/28/78, 8/7/78, 8/25/78, 9/18/78, 2/6/79, 3/2/79, 4/25/79,
6/5/79, 8/27/79, and 10/29/79. Said reports concern examinations
performed at the request of CDS of California, the City's insurance
adjuster.
2. Reports of Neil E. Diess, M.D., 10800 S. Paramount alvd.,
Ste. 302, Downey, CA 90241, dated 10/14/76, 11/8/76, 12/5/76,
12/29/76, 2/19/77, 4/3/77, 8/7/77 and 11/15/77. Said reports concern
examinations. performed at the request of CDS of California, the
City's insurance adjuster.
3. Reports of Michael Schiffman, M.D., San Pedro Medical
Group, 599 West Ninth Street, San Pedro, CA 90731, dated 4/26/77
and 1/9/79. Said reports concern examinations performed on 4/26/77
and 1/9/79 at the request of the applicant's attorney.
4. Report of Martin Albori, M.D., 739 North Highland Avenue,
Hollywood, CA 90038 dated 3/10/77. Said report concerns an ex-
amination performed on 3/7/77 at the request of CDS of California,
the City's insurance adjuster.
5. Report of Robert L. McAllister, M.D., 12665 Garden Grove,
Boulevard, Ste. 300, Garden Grove, CA 92643 dated 3/14/78. Dr.
McAllister was selected as the agreed medical examiner by and between
the attorney for the applicant, Conrad Lopes, and the attorney
for the defendant, City of 'Vernon, David B. Brearley.
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6. Report of Charles R. Booth, M.D., 4155 Outer Traffic
Circle Drive, Long Beach, CA 90804, dated 6/1/79. Dr. Booth was
selected as the agreed medical examiner (orthopedic evaluation) by
and between the attorney for the applicant, Conrad Lopes, and the
attorney for the defendant, City of Vernon, David B. Brearley.
Mr. Eldridge was hired by the City of Vernon on
November 16, 1970, he was born on March 12, 1949, and is approximately
30 years of age.
Mr. Eldridge went off work on or about 10/15/76 and
returned to work on 2/7/77; he went off work again on 3/21/78 and
returned to work on 10/2/78;went off work again on 2/2/7' and
has not returned to work since that date.
Since that time he has been examined by the,arorementioned
doctors and his at.todiey h~s filed two (2) Applications for Ad-
judicat~on of Claims with the Workers' Compensation Appeals Board
and has filed a Declaration of Readiness to Proceed.
It appears fromth.e report of Dr. Schiffman dated 4/26/77
that Mr. Eldridge can be "considered permanent and stationary with
permanent disability present" and determined that the factors of
disability were as follows:
"Subjective: (1) pain over midline of lower lumbar spine
along the paravertebral musculature. Th~s pain is constant and
moderate in degree and is aggravated by sitting for periods in
excess of 15 to 20 minutes or walking a distance in excess of two
to three blocks. -With--these':-activities the pain becomes severe in
degree. (2) marked insomnia caused by constant low back pain pro-
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ducing chronic fatigue. (3) intermittent low back cramps with pain
radiating to the left buttocks, right posterior thigh down to the
popliteal area. (4) the above-mentioned pain is also aggravated
by repetitive bending and stooping.
Objective: ;(l) extreme limitation of motion of the lumbar
, " !I.
spine Flexion is limited to 50 degrees. The patient is unable to
extend the lumbar spine at all. Lateral bending and rotation is
restricted to 20 degrees bilaterally. There is marked pain produced
with the above motions. (2) slight weakness of the right extensor
hallicus longus compared to the left. (3) mildiliy positive straight
leg raise at 90 degrees on the right. (4) tenderness over the
spinous processes of L4 and L5. (5) obvious right paravertebral
muscle spasm and tenderness over the right posterior iliac crest.
(6) report of a positive lumbar myelogram with a posterior central
protrusion at L3-4 and L4-5."
Dr. Schiffman also indicated that "apportionment would
more properly be assigned at 25 percent injury May 1973, and 75
percent injury October 1976" and that Mr. Eldridge "did sustain a
new injury on October 14, 1976 to the extent that he is not precluded
from anything other than semi-sedentary work and I would recommend
that consideration be given to vocational rehabilitation".
It appears from the report of Dr. Schiffman dated 1/9/79
that there is "no change in apportionment" and that his "back
diagnosis remains the same as to his subjective complaints and
objective findings" but that "his work restrictions should be in-
creased to semi~sedentary or sedentary work". Dr. Schiffman
further indicated that Mr. Eldridge's knee injury "occurred as a
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result of neurologic changes 'in the lumbar spine and right lower
extremity which are permanent residuals of previous industrial
injuries"
It appears from the report of Dr. McAllister dated
3/14/78 that the factors of disability are as follows: "(I) pain,
intermittent, slight, increasing to moderate on, exceeding his
limitations. (2) symptoms of moderate magnitude may be produced by
activities such. as running, jumping from heights, wrestling,an
assailant, or other activities of comparable physical effort. (3)
symptoms of slight to greater than slight magnitude may be
produced by very heavy work." In respect to apportionment, Dr.
McAllister indicated that "the described level of disability is
greater than at the time of his last Findings and Award, then
whatever is in excess is attributed to the second injury".
Dr. McAllister further indicated that he was of the opinion
that Mr. Eldridge was not capable of performing the normal duties
of a Vernon Police Officer and that he "did not believe that con-
tinuing trauma is applicable".
Dr. Booth indicated in his report of June I, 1979 that the
subjective complaints were as follows: "(I) constant pain, left knee,
with tendency to go out. (2) clicking. (3) numbness. (4) pain
aggravated by cold weather, walking, standing, climbing, squatting.
(5) pain, low back, aggravated by walking, standing, bending, stooping,
lifting; with pain extending into the right leg, and numbness on
the bottom of the right food.' (6) pain aggravated by prolonged.
sitting, climbing."
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It also appears from the report of Dr. Booth that Mr.
Eldridge's condition could be regarded as "permanent and stationary
and ready for rating" and that in Dr. Booth's opinion, Mr. Eldridge
has in regard to the low back "a disability best expressed as a
restriction falling halfway between a preclusion from heavy work
and restriction to light work". Dr. Booth also indicated that he
" would apportion one-quarter of that disability to the industrial
injury of 1978, one-quarter to the industrial injury of 1976, and
one-half to the industrial injury of 1973.". Further, Dr. Booth
indicated that "the applicant is precluded from the regular duties
of a police officer" but that "the clerical work with which he
wa,S provided was ~InQ.st satisfactory solution to his back problem".
In regard to the question of whether Mr. Eldridge should attend
a pain clinic at Cas a Colina, Dr. Booth stated that his opinion
was that such institutions are "generally a total waste of time
and money and would not recommend it here".
It appears from the report of Dr. Cassidy dated IOj29j79
that Mr. Eldridge is considered "permanently-partially disabled
with a disability which would preclude repeated sitting, standing,
stooping, bending, lifting of more than 20 lb. at one time, and
typing, as these actions exacerbate his pain. He should not return
to full duty as a Police Officer" .and that Mr. Eldridge is now
"permanent and stationary".
There is obviously some differences of opinion among the
aforementioned doctors in many areas involving Mr. Eldridge's
allegations and claims; however, they do agree in two essential
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areas.
(1) That Mr. Eldridge's condition is permanent and
stationary; and (2) the condition has an involvement due to his
industrial occupation.
Since Mr. Eldridge has not filed an Application for
Disability Retirement, if the Committee wishes to retire Mr.
Eldridge, the City must file said Application and may do so con-
current with its adoption of a Resolution of Disability Retirement.
The Government Code requires that the disabiling condition
be industrially related and that his condition be permanent and
stationary.
I think it is important to note that Dr. Schiffman, a
doctor selected by Mr. Eldridge's attorney, Dr. Cassidy, a doctor
selected by CDS of California, the City's consultant for workers'
compensation matters, and Drs. McAllister and Booth as agreed
medical examiners, appear to agree on the essential matters that
(I) the injuries are industrially related; (2) Mr. Eldridge has
reached a permanent and stationary condition; and (3) job re-
strictions preclude Mr. Eldridge from performing activities and
other assignments for the Vernon Police DepartInent as the "assignments
are currently described.
This report is hereby submitted for your consideration..
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-.. DAVID B. BREARL~
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