Resolution No. 5220
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RESOLUTION NO. 5220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE DISABILITY RETIREMENT
OF CARLGRAFFIO, A LOCAL SAFETY MEMBER EMPLOYED
BY THE CITY OF VERNON [SS21024& 21025 of the
Government Code]
WHEREAS, the City of Vernon (hereinafter referreg to
as "Agency") 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 .s.uch
Agency in exnploY,IDent .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 CARL GRAFFIO
employed by the Agency in the position of Firefighter in the
Vernon Fire Department; and
WHEREAS, the City Council of the City of Verpon 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 apd
determines that CARL GRAFFIO is incapacitated within the meaning
of the public Employees Retirement Law fromperformanqe of his
duties in the position of Firefighter in the Vernon Fire
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Department for the City of Vernon.
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
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CARL GRAPFIO nor the Agency has applied to the Workers'
Compensation Appeals Board for a determination pursuant to
~21026 of the Government Code whether such disability is
industrial.
SECTION 3: That the City Council of the City of Vernon
determines that such disability became permanent and stationary
on September 16, 1985 and said disability is determined to be of
a permanent nature, and said CARL GRAFPIO is removed from the
City payroll on November,S, 1985.
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 November, 1985.
C.
ATTEST:
)~
/#f'y~
~~LKENHORST, City Clerk
BRUCE V.
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1 STATE OF CALIFORNIA )
) ss.
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. 5220
, was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
an adjourned
at/~ regular meeting of the City Council held on Tuesday,
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November .5
, 19 85
Y5
BRUCE
Clerk
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V. MALKENHORST,City
t"r
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HEPORT OF THE CITY ATTORNEY
CONCERNING THE INDUSTRIAL DISABILITY RETIREMENT
OF CARL GRP,FF I 0
OCTOBER 15, 1985
Mr. Carl Graffio is employed by the City of Vernon as a
Firefighter in t~e Vernon Fire Department.
Mr". Graffio has not
filed an Application with the Workers' Compensation Appeals Board
in regard to his claims that he allegedly sustained injuries
which arose out of and in the course of his employment on the
date!.:;; and t.o the part.s of the body as i ndi c<:\ted below:
DATE OF
INJURY
PART OF BODY INJURED
TIME LOST
7/24/74
Muscle Spasm (Lumbar)
14 days
5/8/75
Head Injury (Auto)
3 (jays
5/31/76
Recun"'i ng Back Injury
None
5/1/77
Lumbar Spt"'ai n
56 days
8/5/78
Hypertension, Anxiety
260 days
12/17/80
Lower Back Pain
20 days
8/9/82
Lowej'- Biitck Pain
~n days
7/18/84
Eye
5 days
:3/20/85
Lower' Back Pain
65 days
7/12/85
Lower' Bac k Pai n
:?l days
Mr. Graffio is not reporting for duty at the present
time. His last day worked was September 19, 1985.
Mr. Graffio was hired by the City of Vernon on
November 1,
1955, he was born on May 13,
1934, and he is
approximately 51 years of age.
~ ;:
Mr.
Gr' a f f i 0
has not filed for Public
Employees
Disability Retirement and the City is presently in receipt of the
following medical reports and files.
1.
Repor'tsof Denis L
Inaba, M.D., 9602 Ball Road,
Anaheim:. CaliforniC':\ 92804 dated 9il6/85 (~?>:am 9/12/85), 8il/85,
7/11/85, 4/11/85, 10/28/82 (exam 9/24/82), and 1/7/81.
2. EMG/NCV Report of Schenley L~ Co, M.D., 4187 W.
Redondo Beach Blvd., Lawndale, California dated 4/17/85.
3. Report of Gerald Cara, M.D., 9602 Ball Road,
Anaheim, California 92804 dated 3/22/85 (exam 3/21/85).
4. R€~port of Al bF.~rt T<'::Ishma, M. D. , 954 N. Vermont
Avenue, Los Angeles, California 90027 dated 7/30/84.
5.
Report
of Howard Caplan,
1'1.D. ,
.a.....J::'
I...:....J
N.
Bedfm-d
Drive, Bevf'.:wly Hills, Califm-'nia 90210 dated 7/9/79.
6. Reports of R.A. Silverston, Ph.D, 8320 E. Florence
Avenue, Downey, California 90240 dated 4/9/79, 2/20/79, and
10/2/78.
...,.
I .
Report of Samuel W.
Doolittle, M.D., 10720
Paramount Blvd., Downey, California 90:241 dated 9/18/78
8. Reports of William E. Nelson, M.D., 3737 East
Century Blvd., Lynwood, California 90262 dated 6/24/77 and
6/6/77.
Mr. Graffio has visited the above-referenced doctors at
the rE~ql.lest of the Ci ty' s consul tant i n ~'\!or' kers' compensati on
matters which at the present time is Fleming & Associates.
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It appears from the report of Dr.
Inaba dated September
lc:1, 1985, "that the patient S;hOLlld PI"'(Jbably be given a disclbility
ret i I"'ement;
howevel'" ,
he sti 11 t-equi r'e~;;; mf.~di cal tt-e"::ltmf.~nt." Dt-.
Inaba"s report of August:. 1,
1985 stated that ";.;-rays showed
mat- kE~d df.~gener- at i ve clsteoar.tt"'lr" it is" and t.hE' pat i. ent was r'E.t.urned
to light duty and "shouldn"t. do any repetitive bending or
stooping and should refrain from doing heavy lifting."
It appear's; from the medi cal reports i ndi catE~d above that
Mt-. .
Gr-aff in
should be retired from active status as
a
Firefighter in the Vernon Fire Department.
Si nc~e Mr-.
Graffio has not filed an Application for
Disability Retirement, if the City of Vernon wishes to retire Mr.
Gr- ':If f i 0,
the City must file said Application and may do so
concurrent with the City Council"s adoption of a Resolution of
D:i. sab i lit Y RE~t i. r-ement.
The
Govel"'nment
Code requires that the
disabling
condition be industrially related and t.hat his condition be
permanent and stationary.
I think it is important to note that the aforementioned
doctor's
appear to
agree that Mt- . Graffio"s i n j ur i. es are
that he has reached a permanent and
and that. hE~ is unable to s;ubst.ant i. all y
industrially related,
stat.ionary position,
perform the duties of his posltlon.
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This report is submitted for your consideration.
~~ \), ~~lf
DAVID B. BREARLEY, CI Y ATTORNEY
DATED: October 7, 1985
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