Resolution No. 4697
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RESOLUTION NO. 4697
l\. RESOLUTION OF TilE CITY COUNCIL OF THE
CITY OF VERNON DETERMINING TIlE DISABILITY
RETIREMENT OF JOSEPH W. BLl\.UT,
l\. LOCl\.L SAFETY MEMBER EMPLOYED BY TIlE CITY
OF VERNON [~S21024 & 21025 of the Government
Code]
WHEREAS, the City of Vernon (hereinafter referred to
as "Agencyll) is a contracting Agency of the Public Employees
Retirement System; and,
WHEREAS, the Public Employees Retirement Law requires
that a contracting agency determine whether an employee of such
Agency in employment in which he is classified as a Local Safety
Member is disabled for the purposes of the Public Employees
Retirement Law and whether such disability is "industrialll within
the meaning of such law; and,
WHEREAS, by this Resolution the Agency is hereby filing
an application for the disability retirement of JOSEPH W.
BLAUT,
employed by the Agency in the position of Engineer
in the Vernon Fire
Department; and,
WHEREAS, the City Council of the City of Vernon has
reviewed the medical and other evidence relevant to such alleged
disability; and,
WHEREAS, such "industrialll 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 JOSEPH W. BLAUT
is incapacitated within
the meaning of the Public Employees Retirement Law for performance
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of his duties in the position of Engineer
in the Vernon Fire
Department for the City of Vernon.
SECTION 2: T~at the City of Vernon hereby finds and
determines that such disability is a result of injury or disease
arising out of and in the course of employment and neither
JOSEPH W. BLAUT
nor the Agency has applied to the Workers'
Compensation Appeals Board for a determination pursuant to S21026
of the Government Code whether such disability is industrial.
SECTION 3: That the City Council of the City of Vernon
May 31, 1979
and said disability is determined to be of a
permanent nature, and said JOSEPH W. BLAUT
is removed
from the City payroll on February 5, 1980.
SECTION 4: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 5th day of February, 1980.
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..-- LEONIS C. MALB G, Mayor
ATTEST:
6~#~
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. 4697
, 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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...
REBQRT OF_THE CITY ATTORNEY TO THE FINANCE CO~UTTEE
OF THE CITY OF VERNON
CONCERNING THE INDUSTRIAL DISABILITY OF MR.
JOSE~H W. BLAUT IN RELATION TO HIS QUALIFICATION FOR
DISABILITY RETIREMENT
JANUARY 22, 1980
Mr. Joseph W. B1aut is employed by the City of Vernon as
a Fireman CCaptain) . Mr. B1aut has filed seven (7) Applications for
Adjudication of Claims with the Division of Industrial Accidents,
Workers' Compensation Appeals Board on July 25, 1979 alleging that
he sustained injuries arising out of and in the course of his em-
ployment on 12/1/55 and continuing, 4/4/75, 7/6/75, 5/5/78, 6/23/78,
3/14/79 and 6/15/79 re: IIspine and right upper extremity, pulmonary
system.,.,smoke and fumes, and spinell. Mr. Blaut, at present, is not
reporting for duty.
Mr. B1aut has visited several doctors at the request of his
attorney and at the request of CDS of California, the City's con-
sulting Workers' Compensation Adjuster.
He has not recei.ved a final award in response to his claims
for workers' compensation benefits and he ila 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 filela.
... "
1. Doctor.' s First Report of Work Injury--A1fred Beckman,
Jr., M.D., 12037 E1mcroft Avenue, Norwalk, CA 90650, dated 6/16/78
concerning injury of 5/5/78.
2. Doctor's First Report of Work Injury--Mitsuo Yanagihara,
D.C., 10133 Atlantic Avenue, South Gate, CA 90280, dated 6/26/78
concerning injury of 6/23/78.
3. Reports of A. L. Logan, D.C., 7597 Westminster Avenue,
Westminster, CA 92683, dated 3/15/79, 3/23/79, 4/6/79, 5/9/79, and
6/15/79. Said reports concern examinations performed on 3/14/79,
3/23/79, 4/6/79, 5/9/79, and 6/15/79 and x-rays taken on 3/14/79.
3. Report of Wayne W. Owens, M.D., 12820 Studebaker Road,
Norwalk, CA 90650, dated 6/14/79. Said report concerns examination
performed at the request of CDS of California, the City's consultant
for workers' compen~ation matters on 5/31/79 and x-rays taken on said
date.
4. Report of Harvey Dannis, M.D., Pacific Coast Medical Group
718 South.l3X'oQkh,ux:st, .~te. H., Anahe,im, CA 92805 dated 9/26/79. Said
report con.cerns examination pe:rformed at the request.. of applicant's
attorney on 9/2l/79.
5. Report of James W. Eisenberg, M.D., 3311 West
~anchester BOulevard, I'nglewood, CA 90305 dated 10/1/79. Said
reportconcern.s examination performed at the request of applicant's
attorney on 9/5/79.
'M:r. l31aut was hi:red by the City of Vernon on Dece.:rnl:)er 1, 1955,
he was born on AU9ust 23, 1929, and is approximately 50 years of age.
M:r. B1aut went off work on September 25, 1979 and has not
returned to work.
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Since that time he has been examined by Drs. Dannis,
Eisenberg, Owens and Loan and his attorney has filed seven (7)
Applications for Adjudication of Claims with the Workers' Compensation
Appeals Board and has filed a Declaration of Readiness to Proceed.
It appears from the report of Dr. Owens dated 6/14/79
that lithe patient's condition, in reference to the lumbosacral spine,
can be considered to be permanent and stationary. It is this
examiner's opinion that no permanent physical disability has ensued
as a result of the alleged incident of March 14, 1979. It is this
examiner's opinion that the difficulty the patient experiences in
reference to th.e lumbosacral spine is 100-percent pre-existing, is
caused by the particular set up of this patient's genes and chromosomes,
and not to anY' activity alleged in which the patient was engaged on
March 14, 1979, or even previously. Continuing trauma is not a
factor to be considered.". Dr. Owens further indicates that II the
patient's condition,in reference to the right shoulder, can be
considered to be permanent and stationary" and that in his opinion
,
lithe radiographic appearance of the patient's right shoulder, if it
can be interF>reted as being abnormal, pre-existed th.e incident of
injury of Marh.c l4, 1979, by an indeterminate period of time. II. Dr.
Owens further opines th,at 'I continuing trauma is not a factor to be
considered at th.e present time I' .
It appe.ars from the report of Dr. Dannis dated 9/26/79
that "for all practical purposes, he can be. considered to have reached
a permanent and stationary plateau. It is not thought that further
conservative medical treatment will result in significant improvement
in his cQndition". Dr. Dannis further indicates that his diagnosis
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is as follows: U(l) Chronic muscu1o1igamentous cervicothoracic
strain with recurrent headaches.
(2) Traumatic bicipital tendinitis
and rotator cuff muscle tendinitis, right shoulder.
(3) Grade 2
acromioclavicular joint separation with traumatic arthritic de-
gene~ation, right shoulder. (4) Traumatic lateral epicondylitis,
right elbow. (5) Chronic muscu1o1igamentous lumbosacral strain
with bilateral sciatica.
(6) Spinal stenosis with bilateral
sciatica.". Dr. Dannis recommends that IIhe perform nothing more
strenuous than light work activities due to his low back disability
alone. He also should avoid prolonged standing for over an hour
as this causes the pain to reach incapacitating 1eve1sll. In
addition, Dr. Dannis indicates in his report of 9/26/79 that there
is a need .for future medical treatment and that II in the event he
cannot retain his desk job, vocational rehabilitation will be
required". Dr. Dannis further opines that IIpatient's current multiple
disabilities related to his entire spine and right upper extremity
is causally related to the period between December, 1955 to the
present tillle~' and th,at the. strenuous activities of his vocation as
a fireman "produced accumulative, repetitive trauma to his entire
spine and upper extremities including his right shoulder and elbow".
Dr. Eisenberg indicates in his report of 10/1/79 a diagnosis
of "(1) Ch,ronic ob!:;tructive pulmonary disease secondary to smoke and
fume inhalati:,on. (2} Statu!:; post cervical and lumbar laminectomy
and fusion" and further states that IIthis patient's pulmonary con-
dition has been directly caused and aggravated by his continuous
exposure to smoke and fumes in the cours~ of his employment as a
firefighter for the City of Vernon. I'
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"
Dr. Eisenberg further indicates in his report that Mr.
B1aut IIcan be considered permanent and stationary with regard to
this industrially caused and aggravated condition with restriction
to no heavy lifting in an atmosphere free from smoke, fumes, pulmonary
irritants or significant changes in temperature" and that "he should
be provided with ongoing medical care for this condition".
There is obviously some differences among the opinions of
Drs. Owens, Dannis and Eisenberg in many areas involving Mr. Blaut's
allegations and claims; however, they do agree that the condition
is permanent and stationary and that he is restricted in his
activities. Dr. Owens feels that his condition pre-existed and is
not caused by his occupation as a fireman.
Since Mr. B1aut has not filed an Application for Disability
Retirement, if the Committee wishes to retire Mr. B1aut, 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 the aforementioned
doctors appear to agree that (1) he has reached a permanent and
stationary condition; and (2) job restrictions preclude him from
performing activities for the Vernon Fire Department in fire
suppression assignments.
This report is hereby submitted for your consideration.
Q~ 1hJ,~/
DAVID B. BREARLE
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