Resolution No. 5202
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RESOLUTION NO. 5202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY RETIREMENT
OF MURRY C. WOOTEN, A LOCAL SAFETY MEMBER
EMPLOYED BY THE CITY OF VERNON [~~21024 and
21025 of the Government Code]
WHEREAS, the City of Vernon (hereinafter referred to
as "Agency") isa 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 "industrial" within
the meaning of such law; and
WHEREAS, by this Resolution the Agency is hereby filing
an application for the disability retirement of Murry C. Wooten
employed by the Agency in the position of Lieutenant in the
Vernon Police 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 "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 Murry C. Wooten is incapacitated within the
meaning of the Public Employees Retirement Law from the
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performance of his duties in the position of Lieutenant in the
Vernon Police Department.
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SECTION 2: That 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
Murry C. Wooten nor the Agency has applied to the Workers'
Compensation Appeals Board for a determination pursuant to ~21026
of the Government Code whether such disabilifY is industrial.
SECTION 3: That the City Council of the City of Vernon
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determines that such disability became perma~ent and stationary
on June 13, 1985, and said disability is det~rmined to be of a
permanent nature, and said Murry C. Wooten if removed from the
City payroll on July 30, 1985.-
SECTION 4: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolutfon and thereupon
and thereafter the same shall be in full forfe and effect.
APPROVED AND ADOPTED this 30th day of July, 1985.
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~u#l~
THO S A. YBA ,Mayor Pro"Tem
ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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BRUCE V. : MALKENHORST, City Clerk of the.. Ci t.y of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5202:, was duly adopted by the City Council
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Vernon, and was approved by the Mayor
of the City Council
, 1985.
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Q --~ I/o .. ... ...
BRUCE V. MALKENHORST, City Clerk
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!v1. ~'i/1/'t'\/{/
!f CITY COUNCIL
LEONIS C. MALBURG, Mayor
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
THOMAS A. YBARRA
TELEPHONES
CITY CLERK. . . . . . . . . . . . . . . . .. 583-8811
POLICE DEPT. ................ 587-5171
FIRE DEPT. ................... 583-4821
BUILDING DEPT. ............. 583-8811
PUBLIC WORKS DEPT. ........ 583-8811
HEALTH DEPT. ............... 583-8811
CITY HALL
4305 SANTA FE AVENUE, VERNON, CAUFORNIA 90058
July 25, 1985
City Council Meeting
City of Vernon
Honorable Members:
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
LEWIS R ADAMS,
Director of Water & Power
GEORGE F. BASS,
Fire Chief
AL ESPINOZA,
Police Chief
In Reply Refer to:
Transmitted herewith is the Report of the City Attorney concerning the
Industrial Disability Retirement of Murry C. Wooten. It is hereby
recommended that the Report of the City Attorney be received and filed,
a Resolution be adopted determining the Industrial Disability Retirement
of Murry C. Wooten and an Application for Murry C. Wooten's Industrial
Disability Retirement be filed with the Public Employees' Retirement
System.
VZY~~~-r
Bruce V. Malkenhorst
City Clerk
BVM/dn
CITY COUNCIL
OFFICERS
LEONIS C. MALBURG, Mayor
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
THOMAS A. YBARRA
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
TELEPHONES
CITY CLERK. . . . . . . . . . . . . . . ... 583-8811
POLICE DEPT. ................ 587-5171
FIRE DEPT. ................... 583-4821
BUILDING DEPT. ............. 583-8811
PUBLIC WORKS DEPT. ........ 583-8811
HEALTH DEPT. ............... 583-8811
VICTOR H. V AITS,
Director of Community Services
LEWIS R ADAMS,
Director of Water & Power
GEORGE F. BASS,
Fire Chief
CITY HALL
AL ESPINOZA,
Police Chief
4305 SANTA FE AVENUE, VERNON, CAUFORNIA 90058
In Reply Refer to:
July 23, 1985
Hand Delivered
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Re: Report of the City Attorney Concerning the Industrial
Disability Retirement of Murry C. Wooten
Dear Bruce:
Enclosed please find a Report of the City Attorney Concerning the
Industrial Disability Retirement of Murry C. Wooten for consideration
either by the Finance Committee or the City Council.
If you have any questions respecting this matter, please do not
hesitate to call me.
Very truly yours,
\=) c:~ ~ ( \2:> .~~Jv/
David B. Brearley
City Attorney
DBB : j 1
Enclosure
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'CITY OF VERNON CALIFORNIA
IN REPLY REFER TO:
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V
RISK MANAGMENT
OFFICE
July 10, 1985
TO:
FROM:
SUBJECT:
Bruce V. Mal kenhorst, City Administrator
Louis S. Hauger, Risk Manager
MURRAY C. WOOTEN, 85-0014, INDUSTRIAL DISABILITY RETIREMENT
This is a follow-up to my memo of July 9, 1985, on the progress of Mr.
Wooten's workers' compensation claim.
As the result of discussions with you, Mr. Brearley and Mr. Wakeham
(Fleming & Associates), I am recommending that the City Council consider
granting Mr. Wooten an industrial disability retirement.
My letter notifying him of this decision and the date of the council ~
meeting is attached. {/ ~Ir\ ~~
Attachment ~~ .
xc: David Brearley, City Attotney
LSH:cd
CITY COUNCIL
OFFICERS
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LEONIS C. MALBURG, Mayor
Wm. "BIU" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
THOMAS A. YBARRA
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DAVID B. BREARLEY,
City Attorney
VICTOR H. V AITS,
Director of Community Services
TElEPHONES
CITY CLERK. . . . . . . . . . . . . . . . .. 583-8811
POLICE DEPT. ................ 587-5171
FIRE DEPT. ................... 583-4821
BUILDING DEPT. ............. 583-8811
PUBLIC WORKS DEPT. ........ 583-8811
HEALTH DEPT. ............... 583-8811
LEWIS R ADAMS,
Director of Water &: Power
GEORGE F. BASS,
Fire Chief
CITY HALL
AL ESPINOZA,
Police Chief
4305 SANTA FE AVENUE, VERNON, CAUFORNIA 90058
RISK MANAGEMENT OFFICE
In Rq11y Rrfl'r Ill:
Wooten, Murray C.
1/23/85 85-0014
July 10, 1985
Murray C. Wooten
2302 Palo Verde Ave.
Long Beach, CA 90815
Dear Mr. Wooten:
We are in receipt of a medical report from your physician, Harvey L.
Alpern, M.D., dated June 13, 1985. On page 6 of his report, Dr. Alpern
states you are IIpermanent and stationary for rating purposesll, and on
page 7, he stated that you are IIprobably tot~Jly and permanently incap-
acitated from returning to work as a police officer and should be retired
ona disability retirement. II
Based on Dr. Alpern's report, I am recommending to the City of Vernon
City Council that they grant you an industrial disability retirement.
Please take notice that the matter of your industrial disability retirement
will be considered by the City Council of the City of Vernon at an adjourned
regular meeting to be held on Tuesday, July 30., 1985, at the hour of 4:45
P.M., or as soon thereafter as the matter can be heard, at the City Council
Chamber, City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058.
If you have any questions
to call me.
with respect to the above, please do
vf::y truly
Louis S. Hauger,
Risk Manager
xc: B.V.M., City Administrator
D.B.B., City Attorney.
Fleming & Associates
Lewis, Marenstein & Kadar (S.M. Barry)
not hesitate
LSH:cd
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REPORT OF THE CITY ATTORNEY
CONCERNING THE INDUSTRIAL DISABILITY RETIREMENT OF
MURRY C. WOOTEN
Mr. Murry C. Wooten is employed by the City of Vernon as a
Lieutenant in the Vernon Police Department. Mr. Wooten has filed one
Application for Adjudication of Claim with the Department of Industrial
Relations, Workers' Compensation Appeals Board, on June 25, 1985,
alleging that he sustained cardiovascular injuries arising out of and
in the course of his employment from July 1, 1959 through January 22,
1985, due to stress and strain. Mr. Wooten's first day off work was
January 23, 1985, and he has not returned to work.
Mr. Wooten was hired by the City of Vernon on July 1, 1959,
he was born on June 6, 1935, and he is approximately 50 years of age.
Mr. Wooten has filed three previous claims with the Workers'
Compensation Appeals Board as follows:
(1) Case No. 72 LB 61431. Mr. Wooten alleged injury to his
spine (back) from July 1, 1959 through June 25, 1973. Supplemental
Findings and Award was issued on November 1, 1973 in favor of Mr. Wooten
against State Compensation Insurance Fund for permanent disability of
$5,110.00 based upon a rating of 20~% and medical-legal costs.
(2) Case No. 72 LB 61432. Mr. Wooten alleged injury to his
heart from July 1, 1959 through June 25, 1973. Findings and Award of
Litigation Costs Only was issued on or about November 1, 1973, wherein
an award was made in favor of Mr. Wooten against State Compensation
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Insurance Fund for litigation costs only and an order issued that Mr.
Wooten take nothing for himself from State Compensation Insurance Fund
based upon the finding that Mr. Wooten did not sustain an injury to his
heart during his employment. Mr. Wooten filed a Petition for Re-
consideration but said Petition was denied on December 21, 1973, by
an Opinion and Order Denying Reconsideration of the Workers' Compensation
Appeals Board. The Board rendered said decision based upon the medical
reports of Dr. Gerald S. Trostler and felt that an anxiety reaction did
not constitute "heart disease".
(3) Case No. 72 LB 61433. Mr. Wooten alleged injury to his
spine on April 25, 1972. This case was dismissed pursuant to an Order of
Dismissal dated November 15, 1972.
Mr. Wooten has visited several doctors at the request of his
attorney and at the request of Fleming & Associates, 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 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. Report of Harvey L. Alpern, M.D., 2080 Century Park East,
Los Angeles, CA 90067, dated June 13, 1985. Said
examination was performed at the request of the applicant's
attorney.
2. Report of L. Pazdernik, M.D., Los Altos Hospital, 3340 Los
Coyotes Diagonal, Long Beach, California, dated February 4,
1985. Said report concerns applicant's admission to
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the hospital on January 23, 1985.
3. Reports of M. Menter, M.D., Los Altos Hospital, 3340 Los
Coyotes Diagonal, Long Beach, California dated January 23,
1985 (applicant's admission to hospital on January 23,
1985) and May 2, 1985 (applicant's admission to hospital
on March 28, 1985 and discharge on April 1, 1985).
4. Reports of C.F. Chin, M.D., Memorial Medical Center of
Long Beach, 2801 Atlantic Avenue, Long Beach, CA 90801-
1428 dated March 14, 1985 (applicant's admission to the
hospital for cardiac catheterization) and March 19, 1985
(applicant's admission to the hospital on March 14, 1985
and discharge on March 16, 1985).
5. Reports of Murray G. Menter, M.D., 3325 Palo Verde Avenue,
Long Beach, CA 90808 dated March 26, 1985 and April 4,
1985 together with notes dated April 11, 1985 and April 30,
1985.
6. Report of Metpath Central Laboratory Facility, One Malcolm
Avenue, Teterboro, New Jersey dated April 11, 1985. This
report concerns a quinidine serum test.
It appears from the report of Dr. Alpern, applicant's doctor, that
Mr. Wooten's "disabilities at this time should be considered as permanent
and stationary for rating purposes", that "he should be restricted to
work without emotional stress", and that "he is probably [sic] totally
and permanently incapacitated from returning to work as a police officer
and should be retired on a disability retirement."
There appears to be agreement among the opinions of the afore-
mentioned doctors that Mr. Wooten should be retired from active status
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as a police officer (Lieutenant) in the Vernon Police Department.
Since Mr. Wooten has not filed an Application for Disability
Retirement, if the City of Vernon wishes to retire Mr. Wooten, the City
must file said Application and may do so concurrent with the City
Council's 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 various doctors
selected by Mr. Wooten and the City appear to agree that his injuries
are industrially related and, based upon the report of Dr. Alpern, that
he has reached a permanent and stationary position with job restrictions
that preclude him from performing activities and other assignments
for the Vernon Police Department as the assignments are currently
described.
This report is submitted for your consideration.
\:)~~Iq~
David B. Brearley, Cit Attorney
Dated: July 23, 1985
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