Resolution No. 4695
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RESOLUTION NO. 4695
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING THE DISABILITY
RETIREMENT OF FRANK E. SWEENEY
A LOCAL SAFETY MEMBER EMPLOYED BY THE CITY
OF VERNON [SS21024 & 21025 of the Government
Code]
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WHEREAS, the City of Vernon (hereinafter referred to
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
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an application for the disability retirement of FRANK E.
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SWEENEY
employed by the Agency in the position of Sergeant
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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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WHEREAS, such "industrial" disability was not caused
by third party liability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City of Vernon hereby finds and
determines that
FRANK E. SWEENEY
is incapacitated within
the meaning of the Public Employees Retirement Law for performance
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of his duties in the position of Sergeant in the Vernon Police
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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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FRANK E. SWEENEY
nor the Agency has applied to the Workers'
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Compensation Appeals Board for a determination pursuant to ~2l026
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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
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and said disability is determined to be of a
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FRANK E. SWEENEY
permanent nature, and said
is 1:"emoved
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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
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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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~ --LEON~or
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ATTEST:
AS4~4/'~~~
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. 4695
, 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, 1980
, 19 80.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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" s
REPORT OF ~HE CITY ATTORNEY TO THE FINANCE COMMITTEE
OF THE CITY OF VERNON
CONCERNING THE INDUSTRIAL DISABILITY OF MR.
FRANK E. SWEENEY IN RELATION TO HIS QUALIFICATION FOR
DISABILITY RETIREMENT
JANUARY 22, 1980
Mr. Frank E. Sweeney is employed by the City of Vernon as
a Police Officer. Mr. Sweeney filed two (2) Applications for
Adjudication of Claims with the Division of Industrial Accidents,
Workers' Compensation Appeals Board on 1/20/76 alleging that he
sustained injuries arising out of and in the co~rse of his employment
on 4/5/54 and continuing and 10/30/73 re: "spine, head and face".
Thereafter Mr. Sweeney alleged that he sustained industrial injuries
on 6/l1/79 arising out of and in the course of his employment and
filed two (2) Applications for Adjudication of Claims, Case Numbers
79 BGN 47875 and 79 BGN47876. Mr. Sweeney, at present, is not
reporting for duty.
Mr. Sweeney bas visited several doctors at the request of his
attorney and at the request of CDS of California.
He has received a final award in response to his claims for
work.ers" compensation benefits against State compensation Insurance Fund
and he is presently permanent and stationary for retirement purposes
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.
1. Reports of Wayne W. Owens, M.D., 12820 Studebaker
Road, Norwalk, CA 90650 dated 8/11/76, 1/22/76, 5/27/75, 4/23/75,
2/27/75, l/2/75, 8/7/74, 8/1/74, 5/10/74, 3/l4/74, 2/l8/74, 1/9/74,
12/6/73 and 12/6/73 (Doctor's First Report). Said reports concern
examinations and tests performed on various dates.
2. Report of H. Stone, M.D., Studebaker Hospital, Norwalk,
California dated 12/3/73. Said report concerns an examination of
the lumbosacral spine on 12/3/73.
3. Report of Richard L. Masserman, M.D., dated 11/23/76.
Said report concerns an examination performed on Il/23/76 and x-rays
of the cervical spine and lumbosacral spine were taken.
4. Reports of Allen S. Bursk, M.D., 3875 Wilshire Blvd.,
Suite 209, Los Angeles, CA 90010 dated 12/19/78, 6/12/79, 6/25/79,
8/6/79, 9/l4/79 and 10/8/79. Said reports concern examinations and
tests per:eormedon 6/12/79, 8/3/79, 9/14/79 and 10/8/79.
Mr. Sweeney was hired by the City of Vernon on 4/5/54, he
was pO;t;'n on 1/24/3Q, and he. is approximately 49 years of age.
Mr. Sweeney went off work on June, 12, 1979 and has not
returned to work.
The Workers' Compensation Appeals Board approved a Compromise
and Release as to Frank E. Sweeney against State Compensation Insurance
Fund only on ,April 19, 1979 for $5,395.00. This settlement clearly
appea;t;'ed to be in the City's best interests since the City was not
being asked to contribute at this time and it appeared that the con-
tinous trauma claim was not permanent and stationary for rating
purposes in any event.
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Said settlement was based upon the report of Richard L.
Masserman, M.D., dated 11/23/76 in which he indicated that the
"subjective factors include intermittent slight pain in the low
back with very heavy lifting, repeated bending or working in a
forward bent position. Intermittent slight pain in the neck when
sitting for prolonged periods with the head bent forward as in
reading or typing".
Subsequent to said settlement, the City has received
the reports of Dr. Bursk dated 6/l2/79, 6/25/79, 8/6/79, 9/14/79,
and 10/8/79.
Dr. Bursk indicates in his report of 9/l4/79 that Mr.
Sweeney underwent a lumbar myelogram on 9/5/79 and that the pros
and cons and risk of surgery were discussed with Mr. Sweeney. Dr.
Bursk further indicates that "in the absence of surgery, it is my
opinion that this patient cannot perform his usual duties as a
policeman" and further states that "even if the patient were to
agree to s'urgery, the possibility that the surgery would be so
succes$ful he would be able to return to full police duty, without
restrictions, is extremely remote". In addition, Dr. Bursk indicates
that "the only treatment that would be of any value would be surgery
in this' case".
It appears from Dr. Bursk's report dated lO/8/79 that "Mr.
Sweeney stated that he had thought it over and decided not to undergo
surgery at th.is time" and that "in the patient's present condition,
it is impos'sible for h.im to perform his usual work as a police officer.
The patient will h~ve to be retrained to perform some type of work
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that does not entail heavy lifting, bending, pushing, pulling, and
will not require him to either stand or sit for prolonged periods
of time which he cannot do at this time".
It appears that Mr. Sweeney can be considered to have
reached a permanent and stationary status for retirement purposes
in that absent surgery his condition will not improve and he has
voluntarily chosen not to undergo said surgery.
Since Mr. Sweeney has not filed an Application for
Disability Retirement, if the Committee wishes to retire Mr.
Sweeney, 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 disabling condition
be industrially related and that his condition be permanent and
stationary.
I think it is important to note that the aforementioned
doctors appear to agree on the essential matters that (1) the injuries
are industrially related and (2) job restrictions preclude him
from performing activities and other assignments for the Vernon
Police Department as the assignments are currently described.
This report is hereby submitted for your consideration.
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DAVID B. BREARLEY
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