Resolution No. 4694
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RESOLUTION NO. 4694
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE DISABILITY
RETIREMENT OF' JAMES A. MILLER
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
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as "Agency") is a contracting Agency of the Public Employees
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Retirement System; and,
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WHEREAS, the Public Employees Retirement Law requires
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that a contracting agency determine whether an employee of such
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Agency in employment in which he is classified as a Local Safety
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Member is disabled for the purposes of the Public Employees
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Retirement Law and whether such disability is "industrial" within
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the meaning of such law; and,
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WHEREAS, by this Resolution the Agency is hereby filing
an application for the disability retirement of JAMES A.
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MILLER
employed by the Agency in the position of Patrolman II
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in the Vernon Police Department; and,
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WHEREAS, the City Council of the City of Vernon has
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reviewed the medical and other evidence relevant to such alleged
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disability; and,
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~vHEREAS, such "industrial" disability was not caused
by third party liability.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City of Vernon hereby finds and
determines that
JAMES A. MILLER
is incapacitated within
the meaning of the Public Employees Retirement Law for performance
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of his duties in the position of Patrolman II in the Vernon polic
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Department for the City of Vernon.
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SECTION 2: That the City of Vernon hereby finds and
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determines that such disability is a result of injury or disease
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arising out of and in the course of employment and neither
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JAMES A. MILLER
nor the Agency has applied to the Workers'
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Compensation Appeals Board for a determination pursuant to ~21026
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of the Government Code whether such disability is industrial.
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SECTION 3: That the City Council of the City of Vernon
determines that such disability became permanent and stationary onl
December31, 1979 and said disability is determined to be of a
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permanent nature, and said JAMES A. MILLER
is .removed
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from the City payroll on February 5, 1980.
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SECTION 4: That the City Clerk of the City of Vernon
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shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 5th day of February,1980.
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.-""-- _~EONIS C. MALBU G, Mayor
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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. 4694
, was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at an adjourned meeting of the City Council held on Tuesday,
February 5
, 19 80.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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REPORT OF THE CITY ATTORNEY TO THE FINANCE COMMITTEE
OF THE CITY OF VERNON
CONCERNING THE INDUSTRIAL DISABILITY OF MR.
J~mS A. MILLER IN RELATION TO HIS QUALIFICATION FOR
DISABILITY RETIREMENT
JANUARY 22, 1980
Mr. James A. Miller is employed by the City of Vernon as
a Policeman. Mr. Miller has filed one (l) Application for Adjudication
of Claim with the Division of Industrial Accidents, Workers'
Compensation Appeals Board on July 23, 1979 alleging that he sustained
injuries arising out of and in the course of his employment on
July 15, 1968 - July 20, 1979 re: "cardiovascular, hypertension".
Mr. Miller, at present, is not reporting for duty.
Mr. Miller has visited several doctors at the request of
his attorney and at the request of CDS of California, the City's
consultant for Workers' Compensation matters.
He has not received a final award in response to his
claims for workers' compensation benefits and he is presently
permanent and stationary in regard to all of 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.
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I. Reports of Alvin Markovitz, M.D., 11600 Wilshire Blvd.,
Ste. 512, Los Angeles, CA 90025 dated 7/23/79 and 10/1/79. Said
reports concern examinations performed at the request of the applicant's
attorney on 7/23/79 and 9/25/79 wherein x-rays were performed.
2. Report of Alfred M. Bloch, M.D., Ph.D., 1830 West
Olympic Boulevard, Los Angeles, CA 90006 dated 12/17/79. Said
report concerns an examination performed at the request of the
applicant's attorney on l2/17/79.
3. Report of Bruce Gillis, M.D., 10921 Wilshire Blvd.,
Ste. 804, Los Angeles, CA 90024 dated 1/11/80. Said report
concerns an examination performed at the request of CDS of California,
the City's consultant in Workers' Compensation matters on 12/21/79.
Mr. Miller was hired by the City of Vernon on July 16,l968,
he was born on November 23, 1944, and he is approximately 35 years
of age.
Mr. Miller went off work on or about July 23., 1979 and has
not returned to work.
Since that time he has been examined by Drs. Markovitz,
Bloch and Gillis and'his attorney has filed one (I) Application for
Adjudication of Claim with the Workers' Compensation Appeals Board
and has not filed a Declaration of Readiness to Proceed.
Dr. Markovitz indicates in his report of 7/23/79 that "there
is little doubt that this patient is suffering from a stress reaction"
and that "there is little doubt that the patient has labile hypertension
induced by the stress of his occupation". Dr. Markovitz further
indicates in his report of lO/I/79 that "I cannot see where he will
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be ever able to go back to the work for the Police Department" and
that the additional diagnosis of psycho-physiological gastrointestinal
reaction and blood pressure "carries a separate disability of no
emotional stress".
Dr. Bloch indicates in his report ofI2/17/79 that "as a
result of physical and emotional disabilities, return to work as
a Police Officer is precluded" and that Mr. Miller'was "found to be
experiencing symptoms of anxiety, anger and irritability as a result
of stress in the course of his employment as a Police Officer with
the City of Vernon".
Dr. Gillis indicates in his report of 1/11/80 that "Mr.
Miller is noted to have a permanent and stattpnary medical problem
of hypertension" and that all the tests performed ~'fail to show any
secondary cardiac abnormalities". In addition, Dr. Gillis indicates
that "this condition precludes Mr. Miller from emotionally stressful
work activities~' and that "base.d on reasonable medical probability,
seventy-five percent of the resultant disability would have been
anticipated absent any occupational factors. The remaining portion
of disability can be linked to Mr. Miller's past work as a police
officer, according to the occupational history he has provided". Dr.
Gillis ;further tndicates in his report that "Mr. Miller has had a
previous history of occasional gastrointestinal symptoms" and that
~'when evalua te.d on an obj ective level, he has never been found to
have any underlying pathology. A diagnosis of a pSYCho-physiologic
disorder has beenmade~'. In Dr. Gillis' optnion "t-1r. Miller's symptoms
relative to this problem are only functional in nature. He presents
with a sUbjective status and no underlying objective abnormalities".
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There is obviously some difference between the opinions of
the aforementioned doctors in many areas involving Mr. Miller's
allegations and claims; however, they do agree in two essential
areas. (1) That the condition has reached a permanent and
stationary position and (2) the condition has an involvement due to
his industrial occupation.
Since Mr. Miller has not filed an Application
for Disability Retirement, if the Committee wishes to retire
Mr. Miller , the City must file said Application and
may do so concurrent with its adoption of a Resolution of Disability
Retirement.
The Government Code requires that the disabling condition
be industrially related and that his condition be permanent and
stationary.
I think it is important to note that both the doctors
selected by Mr. Miller's attorney and the doctors selected
by CDS, the City's coq~ultant for Workers' Compensation matters,
appear to agree on the essential matters that (1) the injuries are
industrially related; (2) he has reached a permanent and stationary
position; and (3) job restrictions preclude him from perf~rming
activities and other assignments for the Vernon Police Department
as the assignments are currently described.
This report is hereby s'ubmitted for your consideration.
DAVID B. BREARLEY
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