Resolution No. 4703
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RESOLUTION NO. 4703
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON, CALIFORNIA, ENDORSING AND SUPPORTING
CALIFORNIA CRIME WATCH AND THE ATTORNEY GENERAL'S
PLAN TO RESTORE PUBLIC SAFETY IN THE 1980'S
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6 WHEREAS, one United States household in five has been
7 hit by crime at least once in the last 12 months, with either
8 property stolen or a member of the household the victim of a
9 physical assault, according to the findings of a Gallup poll
10 released in December, 1979; and
11 WHEREAS, the Gallup survey findings parallel the upturn
12 in crimes reported by the Federal Bureau of Investigation which
13 reported increases in every kind of major crime for the first
14 six months of 1979; and
15 WHEREAS, the Bureau of Criminal Statistics of the
16 California Department of Justice has documented similar results;
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18 WHEREAS, there has been insufficient public attention
19 to the rights and plight of crime victims in our society and to
20 effective crime prevention programs to reduce the number of crime
21 victims; and
22 WHEREAS, it is essential to inform the public of and
23 broaden the availability and merit of effective methods of crime
24 prevention to help minimize further disruption in the lives of
25 crime victims.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
27 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Vernon
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1 does hereby find and determine that the recitals contained
2 hereinabove are true and correct.
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SECTION 2: That I in recognition of the foregoing and
4 the mandate contained in Article V, Section 13 of the California
5 Constitution, which proclaims the Attorney General to be Cali-
6 fornia's chief law officer, the City Council of the City of
7 Vernon hereby takes this opportunity to endorse and support Ca1i-
8 fornia Crime Watch and the Attorney General's Plan to Restore
9 Public Safety in the 19801s.
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SECTION 3: The City Clerk of the City of Vernon shall
11 certify to the passage of this Resolution andth(2!reupon and
12 thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED this 19th day of February, 1980.
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/'''"~'"~" EONIS C. MALB,..G, Mayo
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ATTEST:
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20 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 4703 ,was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the City Council held on Tuesday,
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February 19
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BRUCE V. ~~LKENHORST,
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REPORT OF THE CITY ATTORNEY TO THE FINANCE COMMITTEE
OF THE CITY OF VERNON
CONCERNING THE INDUSTRIAL DISABILITY OF MR.
KEITH SLIFKA IN RELATION TO HIS QUALIFICATION FOR
DISABILITY RETIREMENT
FEBRUARY 19, 1980
Mr. Keith Slifka is employed by the City of Vernon as a
Hoseman. Mr. Slifka has filed four (4) Applications for Adjudication
of Claims with the Division of Industrial Accidents, Workers' .
Compensation Appeals Board on 3/8/79, 3/16/79 and 7/6179 alleging
that he sustained injuries arising out of and in the course of his
employment on 3/74, 1/3/78, 3/74-3/79 and 6/30/79 re: "back". Mr.
Slifka, at present, is not reporting for duty.
Mr. Slifka has visited several doctors at the request of
CDS of California, the City's consultant for workers' compensation
matters and at the request of his attorney.
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.
1. Reports of Mitsuo Yanagihara, D.C., 10133 Atlantic Avenue,
South Gate, CA 90280~ dated 4/24/78 and 6/26/78. Said reports concern
examinations perfor~ed at the request of CDS of California, the City's
workers' compensation consultant.
2. Report of G. E. Bonecutter, M.D., 4132 Kate11a Avenue,
Los Alamitos, CA 90720. Said report concerns an electromyographic
examination performed at the request of Dr. Owens on 5/12/78.
3. Report of Wayne W. Owens, M.D., 12820 Studebaker Road,
Norwalk, CA 90650, dated 5/26/78. Said report concerns an examination
performed at the request of CDS of California, the City's workers'
compensation consultant on 5/1178.
4. Reports of Jack H. Goldfarb, Ph.D., 1100 Glendon 'Avenue,
Ste. 1616, Los Angeles, CA 90024 dated 5/4/79 and 7/5/79. Said
reports concern examinations performed on 4/5/79 and 6/20/79 at
the request of CDS of California, the City's workers' compensation
consultant and referred by Dr. Bursk.
5. Reports of Melvin Stoltz, M.D., 2300 South, Hope St., Ste.
100, Los Angeles, CA 90007/2400 S. Flower St., Los Angeles, CA 90007
dated 7/6/79 (Doctor's First Report) and 7/30/79. Said reports
concern an examination performed on 6/30/79 at the request of CDS
of California, the City's workers' compensation consultant.
5. Report of Richard M. Siebold, M.D., 6135 Wilshire Blvd.,
Ste. 201, Los Angeles, CA 90048 dated 10/17/79. Said report concerns
an examination performed on 9124179 at the request of CDS of California,
the City's workers' compensation consultant.
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6. Reports of Allen S. Bursk, M.D., 3875 Wilshire Blvd.,
Ste. 209, Los Angeles, CA 90010 dated 10/31/78, 1/22179, 3/1179,
3/6/79, 5/3/79, 5/25/79, 6/22/79, 7/2179, 7/19/79, 8/20/79, 8/28/79,
10/18/79 and 1114180. Said reports concern examinations performed
on various dates wherein x-rays, myelograms, etc. were performed at
the request of CDS of California, the City's workers' compensation
consultant.
Mr. Slifka was hired by the City of Vernon on 12/16/60, he
was born on 1115137, and he is approximately 43 years of age.
Mr. Slifka went off work on 6/30/79 and has not returned
to work.
Since that time he has been examined by Drs. Bursk, Siebold,
Stoltz, GOldfarb, Owens, Bonecutter and Yanagihara and his attorney
has filed four (4) Applications for Adjudication of Claims with the
Workers' Compensation Appeals Board and has filed a Declaration of
Readiness to Proceed.
It appears Erom the report of Dr. Bursk dated 1/14/80 that
lithe patient is permanent and stationary II and lithe patient's permanent
disability wi11 consist of the following: 1) scar on his back; 2)
decreased range of motion, lumbar spine, of approximately 20%; 3)
subjective complaints of pain which I would rate as minimal at rest,
slight after light to moderate activities, and intermittent moderate
after full activities. There is no neurological deficit demonstrable
at this time nor is there any atrophy". Dr. Bursk further indicates
that IIthis patient will never be able to return to his usual work as
a fireman. He will have to be retrained to perform some type of work
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that doesn't require heavy lifting, pushing, pulling, or working in
a bent-over cramped position". In addition, Dr. Bursk indicates in
his report of 8/28/79 that "even though the patient had a prior
injury, I would have to consider this a new injury as of the date,
6/30/79, as it was this incident that precipitated the patient's
need for hospitalization, myelography, and surgeryll.
It appears from the report of Dr. Siebold dated 10/17/79
that he would apportion "approximately 15% of the patient's continued
subjective complaints and objective findings to the injury of 5 years
ago II , "50% of the patient's subjective complaints and objective
findings to the injury of 1/3/78fl and "35% of his subjective complaints
and objective findings" to the final injury of 6/30/79. Dr. Siebold
also indicates that he "cannot agree with Dr. Bursk's comment that
he considered the injury of 6/30/79 a new injury since it necessitated
a hospitalization, myelography and surgery. That is difficult to
comprehend when the patient already was hospitalized and had myelography
which one must assume was done in preparation for possible surgery".
There is obviously some difference between the opinions of
Dr. Siebold and Dr. Bursk in many areas involving Mr. Slifka's
allegations and claims; however, they do agree in one essential area
and that is that the condition has an involvement due to his industrial
occupation.
Since Mr. Slifka has not filed an Application for Disability
Retirement, if the Committee wishes to retire Mr. Slifka, the City must
file said Application and may do so concurrent with its adoption of a
Resolution of Disability Retirement.
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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 Drs. Siebold and
Bursk appear to agree on the essential matter that the injuries are
industrial1y related and that Dr. Bursk feels that Mr. Slifka has
reached a permanent and stationary position with job restrictions
which preclude him from performing activities and other assignments
for the Vernon Fire Department as the assignments are currently
described.
This report is hereby submitted for your consideration.
DAVID B. BREARLEY
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