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Resolution No. 70906 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 28 RESOLUTION NO. 7090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES C. RAABE, A FIRE CAPTAIN EMPLOYED BY THE CITY OF VERNON (Government Code Sections 21154 and 21156) WHEREAS, the City of Vernon (hereinafter referred 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 such agency in employment in which he is classified as a fire captain is physically or mentally incapacitated to perform his duties for purposes of the Public Employees' Retirement Law; and WHEREAS, James C. Raabe, employed by the Agency in the position of Fire Captain, on or about April 2, 1992, filed an application for industrial disability retirement with the Public Employees' Retirement System, and the Public Employees' Retirement System requested the Agency, on or about May 11, 1992, to make a determination regarding whether Mr. Raabe was incapacitated for the performance of his duties and therefore eligible to retire for industrial disability; and WHEREAS, by letter dated February 10, 1998, the City notified Mr. Raabe that the matter of his disability retirement based on the findings contained in the medical reports would be considered by the City Council; and WHEREAS, the City Council of the City of Vernon has reviewed the medical evidence submitted by Alan Sanders, M.D., and other evidence relevant to whether Mr. Raabe was incapacitated; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 191 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Vernon has reviewed evidence both as to whether any incapacity was industrial and as to whether any third -party liability is possible with respect to any incapacity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that James C. Raabe is incapacitated within the meaning of the Public Employees' Retirement Law for the performance of his duties in the position of Fire Captain in the Vernon Fire Department. SECTION 2: The City Council of the City of Vernon hereby finds and determines that such disability is industrial, in that it is the result of injury or disease arising out of and in the course of employment, that neither the City Council of the City of Vernon nor James C. Raabe has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such alleged disability is industrial, and that there is no possibility of third -party liability in this case. SECTION 3: The City Council of the City of Vernon hereby determines from the April 12, 1994, medical report of Dr. Alan Sanders, that James C. Raabe is unable to substantially perform the duties of his position as Fire Captain and therefore should be retired. The City Council further determines that the permanent and stationary date for retirement purposes was April 12, 1994, that the last day Mr. Raabe was on the City's payroll was August 7, 1992, and that Mr. Raabe's retirement was effective the end of the business Iday on August 8, 1992, and that no dispute as to the expiration of -2- is 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 `*4 23 24 25 26 27 28 such leave rights is pending. SECTION 4: The City Clerk shall notify Mr. Raabe of the City Council's determination granting his application for industrial disability retirement. SECTION 5: 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 17th day of February, 1998. ATTEST: BRUCE V. MALKENHORST, City Clerk -3- t EONIS C. MAL URG, Ma or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 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. 7084, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 17, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -4- SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX (213) 581-7924 TELEPHONE (213) 583-8811 February 10, 1998 Mr. James C. Raabe 6236 Arcadia Avenue Agoura Hills, CA 91301 RE: Application for Disability Retirement Dear Mr. Raabe: DAVID B. BREARLEY City Attorney FAX (818) 330-5818 KEVIN WILSON Director of Community Services cis Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 The city has received a request from PERS, dated April 2, 1992, with regard to your March 31, 1992, application for disability retirement. You are hereby advised that approval of your disability retirement will be recommended to the City of Vernon City Council at their regular meeting to be held February 17, 1998. If you have any questions or comments do not hesitate to contact the Risk Management office. Very truly yours, CITY OF VERNON e alken rst Cit Administrator/City Clerk cc: Risk Management City Attorney /gj o :PreDab1ty0K U 6 of V 9q 1X_ 1 lL TO: Gloria Orosco, Chief Deputy City Clerk FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: February 5, 1998 SUBJECT: INDUSTRIAL DISABILITY RETIREMENT JAMES C. RAABE, FIRE CAPTAIN Please place the above referenced matter on Agenda for Council Approval. Memo and supporting documents were presented to the City Administrator on December 17, 1997. Thank you. JF/ca c: City Attorney TO: Bruce V. Malkenhorst, City Administrator J FROM: Joan Francone, Risk Manager 91�1 DATE: December 17, 1997 SUBJECT: INDUSTRIAL DISABILITY RETIREMENT - JAWS C. RAABE, FIRE CAPTAIN James Raabe applied for a Service Pending Industrial Disability Retirement on April 2, 1992. On May 11, 1992, the City received a copy of his application and a request from PERS to make a determination of Mr. Raabe's disability in accordance with Government Code Sections 21024 and 21025. Mr. William Hays, who was Mr. Raabe's attorney at that time, waived Government Code Section 21025.1 requiring the City to make a determination within six months. The delay in this matter is due to the fact that Mr. Raabe has changed attorneys three times since filing for retirement. Alan Sanders, M.D. an Agreed Medical Examiner (AME) specializing in orthopedic surgery examined Mr. Raabe on June 17, 1993 and April 12, 1994. In his reports he indicates that Mr. Raabe is precluded from prolonged and repetitive kneeling, squatting, as well as from repetitive running and jumping, very heavy lifting and carrying. He does not believe that Mr. Raabe should be a fireman where he has to work on ladders and do very heavy lifting activities due to his work related injuries. Avoiding these activities as a Fire Captain is not entirely possible. Based on the reports of Dr. Alan Sanders dated June 17, 1993 and April 12, 1994, it is recommended that Council approve the industrial disability retirement of James Raabe. The permanent and stationary date is April 12, 1994. The effective date of retirement is July 20, 1992. JF/ca c: City Attorney CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 February 19, 1998 PERS Benefits Application Division P.O. Box 2796 Sacramento, CA 95812-2796 Attention: Ms. Joyce McKibben DAVID B. BREARLEY City Attorney FAX (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX (213) 581-1178 RE: Determination of Disability Retirement of James C. Raabe Dear Ms. McKibben: On May 11, 1992, you requested, pursuant to Government Code Section 21154, that the City of Vernon make a determination regarding whether James C. Raabe, a Fire Captain employed by the City of Vernon, is physically or mentally incapacitated to perform duties and, therefore, eligible to retire on disability. On February 17, 1998, the City of Vernon City Council reviewed the medical evidence and other evidence relevant to whether Mr. Raabe is incapacitated and determined that he is incapacitated by adopting Resolution No. 7090. A certified copy of said resolution is enclosed with this letter. Pursuant to Government Code Section 21156, the City Council hereby notifies you of its determination that Mr. James C. Raabe is incapacitated to perform his duties. Very truly yours, CITY OF VERNON Bruce V. Malkenhorst City Administrator BVM/mm encs. cc: Joan Francone, Risk Manager Resolution file :1 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX: (213) 581-7924 TELEPHONE (213) 583-8811 February 19, 1998 Mr. James C. Raabe 6236 Arcadia Avenue Agoura Hills, CA 91301 RE: Disability Determination by the City Council Dear Mr. Raabe: DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 After conclusion of the hearing to determine your disability retirement, the City Council determined to grant your industrial disability retirement. The City Council made this determination through the adoption of Resolution No. 7090, a copy of which is enclosed herewith. If you have any further questions regarding his matter, please do not hesitate to contact the Risk Management Office. Very truly yours, CITY OF VERNON Y Bruce V. Malkenhorst City Administrator BVM/mm cc: Joan Francone, Risk Manager Resolution File CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 February 9, 1998 City Council City of Vernon Honorable Members: DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Former Fire Captain James Raabe applied for disability retirement on April 2, 1992, and retired from the City of Vernon Fire Department on August 8, 1992. He had been employed since February 1, 1965. During his employment, he sustained various work related injuries as a result of the requirements of his position. The Government Code requires that a determination of the employee's disability must be made within six months of the application unless the employee waives those requirements, which was done by Mr. Raabe's attorney. Alan Sanders, M.D., an Agreed Medical Examiner (AME) specializing in orthopedic surgery, examined Mr. Raabe on June 17, 1993, and April 12, 1994. In his reports, he indicates that Mr. Raabe is precluded from prolonged and repetitive kneeling, squatting, as well as from repetitive running and jumping, very heavy lifting, and carrying. He does not believe that Mr. Raabe should be a fireman where he has to work on ladders and do very heavy lifting activities due to his work related injuries. Avoiding these activities as a Fire Captain is not entirely possible. Based on the reports of Dr. Sanders dated June 17, 1993, and April 12, 1994, it is hereby recommended that the industrial disability retirement for James Raabe be approved. Very truly yours, l Bruce V. Malkenhorst City Clerk BVM/mm enclosures t MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator .J FROM: Joan Francone, Risk Manager i DATE: December 17, 1997 J SUBJECT: INDUSTRIAL DISABILITY RETIREMENT - JAM ES C. RAABE, FIRE CAPTAIN JF/ca c: James Raabe applied for a Service Pending Industrial Disability Retirement on April 2, 1992. On May 11, 1992, the City received a copy of his application and a request from PERS to make a determination of Mr. Raabe's disability in accordance with Government Code Sections 21024 and 21025. Mr. William Hays, who was Mr. Raabe's attorney at that time, waived Government Code Section 21025.1 requiring the City to make a determination within six months. The delay in this matter is due to the fact that Mr. Raabe has changed attorneys three times since filing for retirement. Alan Sanders, M.D. an Agreed Medical Examiner (AME) specializing in orthopedic surgery examined Mr. Raabe on June 17, 1993 and April 12, 1994. In his reports he indicates that Mr. Raabe is precluded from prolonged and repetitive kneeling, squatting, as well as from repetitive running and jumping, very heavy lifting and carrying. He does not believe that Mr. Raabe should be a fireman where he has to work on ladders and do very heavy lifting activities due to his work related injuries. Avoiding these activities as a Fire Captain is not entirely possible. Based on the reports of Dr. Alan Sanders dated June 17, 1993 and April 12, 1994, it is recommended that Council approve the industrial disability retirement of James Raabe. The permanent and stationary date is April 12, 1994. The effective date of retirement is July 20, 1992. , i City Attorney r Benefit Application Services Division P.O. Box 942711 Sacramento, CA 94229-2711 (916) 326-3232 Telecommunications Device For The Deaf--(916) 326-3240 0209 VERNON CITY Attn: Personnel Officer Re: DISABILITY RETIREMENT APPLICATION FOR: Name: James C. Raabe Social Security Number: 552-46-1851 Birth Date: 01-24-36 Application Received: 04-02-92 MR@M0WRM MAY 1 1 1992 CITY ADMINISTRATOR'S OFFICE CITY OF VERNON Date: April 11, 1992 Enclosed is a copy of the application which is being filed with your agency for a determination of the member's disability, in accordance with Section 21024 and 21025, Government Code. It is required that you make this determination within six months of this request unless the local safety member waives the requirements of this provision (Section 21025.1, Government Code). Under the Public Employees' Retirement Law, disability means the incapacity of a member for the performance of duty in public services for permanent or extended and uncertain duration, as determined on the basis of competent medical opinion. Disability is not necessarily an inability to perform every fuction of a given position. Rather, the courts have concluded that the test in any case is whether the employee can substantially perform the duties of the position he occupies. These criteria apply whether the member is being retired or is being reinstated from disability retirement. Disputed questions regarding the industrial relationship of the disabling injury to the member's work will be resolved by the Workers' Compensation Appeals Board. In the event there is no dispute, such a finding can be made by the employer. A Workers' Compensation Award is not sufficient evidence that a local safety member is disabled for retirement purposes. There must be a specific finding under Section 21026, Government Code, by the employer, with respect to the disability for which he will be retired. If it is determined that the member is not disabled for the performance of his duties,,a Resolution to that effect must be filed with the System. Please refer to Sample resolution No. 1, Benefits Procedures, Procedures Manual for Public Agency reporting to the Public Employees' Retirement System. If the member is found to be disabled, the following will apply: California Public Employees' Retirement System i inrnin Pip7n-Ann P rA i The Retirement System will require at least the following documentation: 1. A finding that disability exists. 2. a. A finding by your agency as to whether or not the disability is industrial. b. In case of a dispute, a Findings and Award by the WCAB, resolving the industrial relationship. 3. A certified statement (Resolution) by the local agency, indicating last day member is on payroll. In case of a dispute regarding the member's effective date of retire- ment, a request must be filed with the WCAB for Finding of Fact to determine on what date the member's condition became permanent and stationary. That date then becomes the effective date of retirement (Government Code Section 21025.4). 4. A statement identifying the type of disability retirement determined, i.e., non -industrial disability retirement or industrial disability retirement. A member must have a minimum of five years of credited service to qualify for non -industrial disability retirement. If a member does not meet the minimum service requirements for disability retirement, he may still qualify by redepositing previously withdrawn contributions, or contributing an amount for service rendered prior to membership with the System. Time during which the member is absent from State service by reason of injury or illness, which is determined within one year after the end of such absence to be job -related, shall be considered as time spent in State service for the purpose of qualification for retirement and death benefits. 5. A statement by the agency to the effect that there is, or is not, a possibility of third -party liability present, if member's disability was caused by negligence or an intentional act of a party other than employer. 6. A statement identifying the reason for the disability, i.e. orthopedic, psychological, cardio-vascular, internal, neurological or other. 7. If advanced disability pension payments will be paid to the member, include the monthly amount. Also include where the reimbursement check should be mailed. 8. If the employee was hired after 1-1-80, include the following in accordance with G.C. Section 21292.6: a. Was the disability due to hazardous portions of duty? b. Was the disability due to a direct act perpetrated against the employee? California Public Employees' Retirement System 1 ine-nln Dlasa_dnn D f`A 3 t � All such documentation submitted by your agency must be signed by the governing body or its lawful delegate (City Manager, Chief Administrative Officer, County Executive, or other comparable individual). If the governing body chooses to delegate the responsibility of making a determination, a certified copy of the delegation order of this authority must accompany the findings by such delegate in each instance. Under the law, if a person (other than the employer) caused an injury that results in certain PERS benefits being paid, then PERS has the right to recover from the responsible person up to one-half of the total retirement benefit costs payable due to this injury. This right is known as a "right of subrogation". (Gov. Code sec. 21450 et seq.) Accordingly, the Retirement System requests that you, as the local agency, send us copies of all injury reports sent to the State Compensation Insurance Fund (or your Workers' Compensation carrier) concerning any and all injuries sustained by this employee. Please advise us if you are aware our member is pursuing a claim (other than a Workers' Compensation claim) against any person or entity for the same injuries that also entitle the member to a disability retirement from PERS. We hope the above information is helpful to you. If you have any questions, please call. CHERYL SALVADOR BENEFIT APPLICATION SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM cc: James C. Raabe California Public Employees' Retirement System PERS-BAS-175 (Rev. 1/91) Lincoln Pla7a-400 P StrPPt-Sacramento. rA a If you entered your safety membership category after January 1, 1980, your industrial disability allowance may be less than 50% of your final compensation. The allowance cannot exceed the amount that would be payable for a service retirement at age 55 if you had continued in employment until age 55. This limit does not apply if your agency has contracted to offer the 50% - 90% industrial disability allowance, or if you were disabled because of a direct violent act upon your person or as a result of hazardous and dangerous duty required for your position (Section 21292.6, Government Code). If you are notified by PERS that your disability application has been approved, and upon receipt of a separation document from your employer reflecting your last day on the payroll, the System will calculate and send the optional settlement information that you requested on your application. This information will be sent to you on our form PERS-BAS-898, Election of Optional Settlement and Beneficiary Designation. The form will require the notarized signature of both you and your spouse. If at any time prior to the mailing of your first warrant you wish to receive a refund of your accumulated contributions in a lump sum in lieu of a retirement allowance, you may do so by sending written notification to the return address shown above. Membership in PERS terminates upon the mailing of a warrant refunding contributions, making you ineligible for future benefits unless you return to employment covered by PERS (Section 20390, Government Code). If you have any questions, please contact us. Sincerely, CHERYL SALVADOR BENEFIT APPLICATION SERVICES DIVISION cc: 0209 VERNON CITY PERS-BAS-183B (Rev. 1J91) California Public Employees' Retirement System 1 inn -In Dla'n-An n D /"A APPLICATION FOR RITIRENIENT BENEFIT APPLICATION SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM P.O. BOX 942711 SACRAMENTO, CALIFORNIA 94229-2711 Telephone: (916) 326-3232 Telecommunications Device for the Deaf (916) 326-3240 INSTRUCTIONS: Please read the important information on reverse side before completing this form. This application should be mailed directly to PERS 90 days '92 APh, -2 At',11: 30 FOR PERS USE ONLY m a Vance o your p armed retirement date. Remember, your retirement date - --- cannot be earlier than the first of the month in .which your application is received by PERS. Service pending Industrial Disability 1. SOCIAL SECURITY NO. I hereby make application for Retirement as follows: 552-46-1851 (Slrviu; DisabllKy; or Industrial Disability) 2. Name (Please Print)' 3. Birth Date 4. Retirement Effective Date JAMS CHARLES RAABE 1/24/36 July 20, 1992 5. Mailing Address (Street, City, State, Zip) 6236 Acadia Avenue Agoura Hills California 91301 6. Last Day on Pay Status 7. Employer 8. Position Tale July 20, 1992 City of Vernon Fire Captain 9. OPTIONAL SETTLEMENT INFORMATION Please furnish the amounts of monthly allowance payable under option checked. El Unmodified E] Option No. 1 ❑ Option No. 2 ❑ Option No. 3 10. BENEFICIARY'S NAME CONNIE LYNN RAABE Binh Date 11/14/43 Sex ❑ M F Relationship Spouse ourliv,vvri mrvrimAl ivrv: Ave you rnarneor Yes tuaie oT mamage 7i 1j/ f -,, >; U 1,40 Do you have children under 18? ❑ Yes fEl No 12. TEMPORARY ANNUITY - I desire to have n-y monthly allowance further modified for life to provide for additional temporary annuity allowance. Yes [�3 No If -Yes', check age desired: ❑ AGE 62 ❑ AGE 65 ❑ AGE 66 13.OTHER RETIREMENT SYSTEMS: Are you a member of another public retirement system other than Social Security or military? ❑ Yes ❑ No if "Yes', please complete the section below. 14. FINAL COMPENSATION TO BE USED: 'Final Compensation' is the highest compensation eamable by a member during the three consecutive years of employment immediately preceding the effective date of his/her retirement, or the date of his/her last separation from employment if earlier, or during any other period of three consecutive years of membership specified by the member on this application. UNLESS A DIFFERENT PERIOD IS SPECIFIED BY YOU, YOUR FINAL COMPENSATION WILL BE CALCULATED BASED UPON THE THREE YEAR PERIOD IMMEDIATELY PRECEDING YOUR RETIREMENT OR SEPARATION. OTHER PERIOD TO BE USED: FROM: July 1, 1991 TO: July 1, 1992 15.1 HEREBY CERTIFY UNDER PENALTY OF PERJURY that this information submitted hereon is true and correct according to the best of my knowledge. I UNDERSTAND THAT TO CANCEL THIS APPLICATION I MUST SUBMIT WRITTEN NOTICE TO THE SYSTEM PRIOR TO MAILING OF MY FIRST RETIREMENT ALLOWANCE. I further understand that my request for information on options (above) is not a final election thereof; that election forms will be provided at a later date. 7t�/ �y.� /�//�, _/ Z, 818 889-8494 March 31, 1992 /L^Ai Ir-i-%KL11A 4n-aalnl In raml /1\Tr[+1 "r-r1nr1AcAPT OWL—rcu (Rev. 12/89) 400 P STREET - SACRAMENTO, CALIFORNIA MICHELE GINSBURG OPTnC C A0#AW4WTRAT0R RICHARD L. MASSERMAN. M.D.. F.A.C.S.. F.I.C.S. A MEOtCAL CORP-ORATION ALAN SANDERS. M.D. 16550 VENTURA BOULEVARD. SUITE 312 ENCINO. CALIFORNIA 91436.2088 (818) 990-8803 ORTHOPEDIC SURGERY AND ARTHROSCOPY April 12, 1994 PATIENT: RAABE, JAMES C. Our Patient No: #36810 EMPLOYER: CITY OF VERNON AGREED MEDICAL EXAMINATION **ML 101-25-94** D/I: April 19, 1989; December 13, 1990; September 21, 1991 C1#: 92-0005 WCAB# 90 VNO 0218463 91 VNO 0232213 DEU: n/a D/E: April 12, 1994 SS#: 552-46-1851 COMPREHENSIVE RE-EXAMINATION AND ORTHOPAEDIC REPORT Please note: This Agreed Medical Examination was set by the agreeing parties on March 29, 1994. The patient was previously seen in this office on June 17, 1993, ten months ago. INTERIM HISTORY Mr. Raabe was last seen in my office in June of 1993. The patient states since that time he has continued to work on a part-time basis. He states he has not had any other injuries or treatment. The patient states he continues to exercise where he bowls once a week in a league. He states this league goes on approximately five to six months per year. The patient states he continues to have ongoing problems in his left knee, low back,. neck, and right knee then when he was last seen here. - continued - RICHARD L. MASSERMAN, M.D., F A.C.S., ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE TWO INTERIM HISTORY (cont.) He states he has more discomfort,and pain and it continues to bother him with activities, and his bowling activities, but that it does not stop him. He states he continues to have discomfort and pain in his left knee with kneeling and squatting. He feels it may be worse in that he has more pain. With regard to his low back he continues to have problems and it seems to be worse. He states he has more frequent pain. The patient states there has been no change in his activities. With regard to the patient's neck he describes increased discomfort. He states it is more stiff and more numb on the left side of the neck. There are no other complaints. With regard to the patient's right knee he continues to have discomfort and pain with kneeling and squatting. He states it continues to bother him with activities during the day. REVIEW OF ADDITIONAL MEDICAL RECORDS The patient's chart and additional medical records have been reviewed as follows: September 17, 1991: Park Place Medical Center - Handwritten Examination Report. Booklet #1 - March 16, 1993: Deposition of James Charles Raabe (34 pages) - Reviewed. PHYSICAL EXAMINATION Low Back: The patient stands erect with a normal thoracic kyphosis and lumbar lordosis. The patient walks with a normal gait and is able to toe and heel walk. - continued - RICHARD L. MASSERMAN, M.D., F.A.C.S., FJ.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE THREE PHYSICAL EXAMINATION (cont.) Low Back: The patient squats fully with discomfort and pain to both knees. There is no tenderness to palpa- tion along the vertebral bony processes, intervertebral soft tissues, and �paravertebral soft tissues. There is no tenderness in either sciatic notch. There is a full, painless, un- restricted range of motion of the lumbar spine in extension, lateral bending, and rotation. The patient forward flexes 6 inches fingertips to the floor. Straight leg raising test is negative in both the sitting and supine positions. Head and Neck: The patient holds his head erect with a normal cervical lordosis. The shoulders, are at an equal level and the head is normoce- nhalic. There is no tenderness to palpation along the inter - vertebral soft tissues of the cervical spine or bony prominences. There is a full, unrestricted, painless range of motion of the neck in forward flexion, exten- sion, lateral rotation, and lateral bending. There is a negative response to compression/distraction tests of the cervical spine. A valsal- va maneuver fails to produce symptoms. - continued - RICHARD L. MASSERMAN, M.D., F.A.C.S., F.I.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PHYSICAL EXAMINATION (cunt.) PAGE FOUR Chest: Symmetrical with equal excursions. Upper Extremities: Shoulders are symmetrical and there is a full, unrestricted, painless range of motion of the shoulders, elbows, forearms, wrists and hands. There is a negative Jobe's test. There is no tenderness to palpa- tion of the acromioclavicular joint, biceps tendon, or rotator cuffs. There is a negative response to Tinel's percussion over the ulnar and median nerves of the wrists. There is a nega- tive Finkelstein test at the wrists. There is a negative Phalen's test. Lower Extremities: The patient has a large scar over the left knee. He has some patellofemoral crepitus on both knees. There is a negative apprehension test, pivot shift test, Lachman's test, and McMurray's test. The knees appear to be stable to varus, valgus, anterior and posterior stress. Range of motion of the hips is normal. The patient has no evidence of swelling, erythema, or defor- mities of the ankles. There is a full painless range of motion on plantar flexion, dorsiflexion, inversion and eversion of the ankles and subtalar joints. - continued - RICHARD L. MASSERMAN, M.D., F.A.C.S., F.I.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PHYSICAL EXAMINATION (cont.) PAGE FIVE Lower Extremities: There is no tenderness to palpa- tion. Range of motion of the toes is normal. There is no weakness in the ankles or feet. Neurologic Examination: Deep tendon reflexes are present and symmetrical. Sensation is intact to all derma - tomes. Motor is intact to all myotomes. Measurements: Upper Extremities - circumferential 10 cm. above the tip of the olecranon: Right: 34 cm. Left: 34 cm. 10 cm. distal to the tip of the olecranon: Right: 32 cm. Left: 31 cm. Grip strength using the Jamar Dynamometer: Right: 70, 90, 70 Left: 50, 40, 50 The patient is right hand dominant. Lower Extremities - circumferential - 15 cm. above the upper pole of the patella: Right: 62 cm. Left: 62 cm. 5 cm. above the upper pole of the patella: Right: 57 cm. Left: 55 cm. - continued - - continued ` t t RICHARD L. MASSERMAN, M.D.. F.A.C.S., F.t.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE SIX PHYSICAL EXAMINATION (cont.) Measurements: Lower Extremities - circumferential - Mid patella: Right: 44 cm. Left: 44 cm. Maximum calf circumference: Right: 42 cm. Left: 43 cm. X-RAYS X-rays were taken in this office by Raymond R. Rahl, X- Ray Technician, Certificate #RHP 64007, expiration date November 30, 1995, and read by Alan Sanders, M.D. as fol- lows: Cervical Spine: There are some mild degenerative changes. No change from prior films taken. Lumbosacral Spine: Again show similar findings as noted in my previous report, with no changes. Right Knee: Minimal changes are noted, but no difference from films taken in this office in June of 1993. Left Knee: Minimal changes, but no difference from films taken in this office in June of 1993. DIAGNOSIS 1. Chronic residuals of degenerative arthritis cervical and lumbar spine. 2. Status post surgery, contusion, and chondromalacia left knee. 3. Chronic residuals of strain, right knee. DISCUSSION AND RECOMMENDATIONS Mr. Raabe is seen today for a re-evaluation. Since his last visit here he states he continues to be worse with all of his problems related to his neck and back. - continued - i RICHARD L. MASSERMAN, M.D., F.A.C.S., F.I.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE SEVEN DISCUSSION AND RECOMMENDATIONS (cont.) He states, however, he has not done any other activities. Upon further discussion he indicates he continues to bowl in a league and does this one time per week, and bowls three games at a time. Since his last visit I have received additional medical records. These indicate that in September of 1991 he had x-rays taken of his neck which showed some degenerative changes which would be consistent with x-rays taken today. I have also received and reviewed his deposition of March 16, 1993. The attached Computerized Strength Test has been reviewed by Alan Sanders, M.D. The test was administered to the patient in this office by Randy K. Venverloh, B.A. He received his training from Applied Rehabilitation Concepts, Inc. and has been admi- nistering the,test since October of 1990. At this time I placed the patient on the ARCON Computerized Strength Testing Machine for evaluation of his strength and disability. The patient's effort is consistent in all four positions. .He does have some evidence of slight decreased strength in lifting when compared to his prior examination in this office in June of 1993. The difference, however, does not appear to be all that signi- ficant. He continues to have some strength deficiency in two of the four lifting positions and the other two positions of strength is better than the general population. At this time he is being seen for a re-evaluation. I note the opinions made the last time he was seen. I felt there was no evidence of any formal restrictions regarding his neck. I do not feel there is any basis to consider any formal restrictions.regarding his neck. With regard to the patient's low back and knees apparently he has already settled this claim and states he is worse. I do not know what his problems were then and it is diffi- cult to indicate if he is worse now. Objectively it does not really appear to be any different. - continued - RICHARD L. MASSERMAN, M.D.. F.A.C.S., F.l.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. SUBJECTIVE FACTORS OF DISABILITY PAGE EIGHT With regard to the patient's low back, I would consider his subjective factors of disability to include constant minimal low back `pain, becoming moderate, with activities of very heavy work. With regard to the patient's left knee he has no discomfort or pain at rest, but has slight discomfort with prolonged and repetitive kneeling, squatting, running, as well as i with activities of very heavy lifting and carrying. With regard to the patient's right knee he has occasional to intermittent slight pain, becoming moderate, with pro- i� s longed and repetitive. kneeling and squatting. 4 4: +` OBJECTIVE FACTORS OF DISABILITY His objective factors of disability' include degenerative changes in the neck and low back, as well as in his knees. WORK RESTRICTIONS With regard to the patient's neck, no restrictions are indicated. With regard to the patient's low back,'I would prophylac- tically preclude him from very heavy work. With regard to the patient's left knee, I would prophy- lactically preclude him from prolonged and repetitive kneel- ing, squatting, as well as from repetitive running and jumping, very heavy lifting and carrying. With regard to the patient's right knee, no restrictions are indicated. VOCATIONAL REHABILITATION Vocational rehabilitation has been discussed in my last report. continued - r RICHARD L. MASSERMAN, M.D., F.A.C.S., F.1.C.S. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE NINE FUTURE MEDICAL CARE The patient may require mild analgesics, as well as oral anti-inflammatory medications. APPORTIONMENT Apportionment appears to be related to his work activities combined with his specific injuries as claimed. With regard to prior settlements he has continued his work activities as a fireman. MEDICAL CAUSATION Medical causation is appropriate. The patient's mechanism of injury as described, to include his old injuries, and that he continued his work activities as a fireman, certain- ly are consistent in producing ongoing pains and symptoms in the areas of the body claimed. Please note: Job Analyses, Job Descriptions, Rehabili- tation reports, RU90 and RU91 Forms will be reviewed unless we receive a written objection to same within ten days after receipof this report. The above history, physical examination, review of medical records and preparation of the report, with the exception of the actual transcription, were all performed by this examiner. If it is necessary to submit any additional medical records for the doctor's review, please do so by way of a Joint Transmittal Letter signed by all parties. Per Labor Code Section 4628(j) "I declare under penalty of perjury that the information contained in this report and its attachments, if any, is true and correct to the best of my knowledge and belief, except as to information that I have indicated I have received from others. As to that information, I declare under penalty of perjury that the information accurately describes the information provided to me and, except as noted herein, that I believe it to be true. - continued - RICHARD L. MASSERMAN, M.D., F.A.C.S.. ALAN SANDERS, M.D. April 12, 1994 RAABE, JAMES C. PAGE TEN I further declare under penalty of perjury that I personal- ly performed the evaluation of the patient on 4/12/94 at 16550 Ventura Blvd., Suite 312, Encino, California 91436-2088 and that, except as otherwise stated herein, the evaluation was performed and the time spent performing the evaluation was in compliance with the guidelines, if any, established by the Industrial Medical Council or the administrative director pursuant to paragraph (5) of sub- division ( j ) of Section 139.2 or 5307.6 of the California Labor Code. I have not violated Labor Code Section 139.3 and I have not offered, delivered, received or accepted any rebate, refund, commission, preference, patronage, dividend, dis- count or other consideration, whether in the form of money or otherwise, as compensation or inducement for any re- ferred examination or evaluation. The contents of this report are true and correct to the best knowledge of the undersigned. I declare under penalty of perjury that the foregoing is true and correct. Raymond R. Rahl, X-Ray Technician, Certificate nRHP 64007, expiration date November 30, 1995. Randy K. Venverloh, B.A. Received his training from Applied Rehabilitation Concepts, Inc. and has been adminis- tering ARCON Computerized Testing since'October 1990. ALAN SANDERS, MID. Date: April 12, 1994 In the County of Los Angeles AS:bas A MICHELE GINSBURG OFFICE ADMINISTRATOR RICHARD L A A.SSERMAN, M.D., FAGS., F.I.C.S. A MEDICAL CORPORATION ALM SANDERS, M-D. 16550 VENTURA BOULEVARD, SUITE 312 ENCINO, CALIFORNIA 91436-2088 (818) 990-8803 ORTHOPEDIC SURGERY AND ARTHROSCOPY June 17, 1993 PATIENT: RAABE, JAMES C. D/I: April 19, 1989; Our Patient No: #36810 December 13, 1990; September 21, 1991 EMPLOYER: CITY OF VERNON C1#: 92-0005 WCAB#: 91 VNO 0232213; 90 VNO 0218463 D/E: June 17, 1993 SS#: 552-46-1851 AGREED MEDICAL EXAMINATION ORTHOPAEDIC REPORT Mr. James Raabe is a 57 year old right hand dominant gentleman seen today for an evaluation. The patient states that he was hired by the City of Vernon in 1965 and last worked for them in July of 1992. At that time he retired. He states that he has continued to work at the Agoura Shopping Center since 1982 and he works there as a supervisor. He states that he is on salary and he generally works approximately two hours per day. He is on call. His job there does require some light maintenance and the most physical thing that he does there is lifting empty trash. HISTORY OF PRESENT ILLNESS The patient states that his job was that of a fireman. His last job at the company was that of a captain. - continued - i RICHARD L MASSERM . M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C. HISTORY OF PRESENT ILLNESS (Cont.) PAGE 2 The patient states that he had been doing the captain's job for the past six years. He was responsible for supervising as well as actually doing fire fighting. He would respond to all fires and he would be involved in regular fire fighting duties. The patient states that he continued to work and he suffered an injury to his left knee. He states that this occurred in April of 1989 and he did have problems with his knee prior to that. He first remembers having a knee injury many years ago and this was in 1954. This required surgery secondary to a football injury. After that he did okay and then in 1986 he had another problem with his left knee. He does not know what started it, but he had to have another surgery. At that point the patient states that he then had treatment and therapy with Dr. Gazaui and underwent surgery. After that he then was released and went back to work. The patient continued to work until April of 1989 when he had another injury to his knee. At that time he was working in an area where there was a water flow. He twisted his knee and had discomfort and pain. He reported the injury and was sent to a doctor for care. He chose to return to Dr. Gazaui and the doctor took him out of work for approximately a month, recommended therapy and treatment and then released him to light duty. The patient states that he then returned to his regular job. The patient states that he continued to work after that and he has not had any further injuries to his left knee. He did settle a prior workers' compensation claim regarding that and this was settled in April of 1990. He has had no new injuries to his knee. The patient continued to work and he states that he then had another injury at work and this occurred in December of 1990. At that time he was working at the station and he was lifting a bed. - continued - RIC HARD L MASSERMAN, M.D., FAC.S., Fl.C.S. ALM SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PAGE 3 HISTORY OF PRESENT ILLNESS (Cont.) The patient states that he was doing this during the normal course of the activities at the station. He felt a pain to his low back and he did report the injury. He was sent to the doctor and he had never had any problems with his low back before this. The patient states that he was taken out of work and had therapy and treatment with Dr. Davis. He believes that he was out of work for approximately four to six weeks. He treated at the White Memorial Hospital as best he recalls and he then returned to his regular job. The patient states that a workers' compensation claim was also settled. Initially he had to go to a different doctor to achieve a certain settlement because there was some concern as to what his disability was. He then settled his workers' compensation claim in July of 1991. The patient states that he then continued to work his regular job and he then had a third injury in September of 1991. At that time he injured his neck. He was fighting a fire and some glass broke and he remembers striking his head on top of a pipe. It jammed him somewhat and he did report the injury. He was sent to the doctor and he did not lose any time from work. He does not recall if he really had any treatment. He did have some tests to his neck. The patient states that he was then released and then continued to work. He states that he needed to work for one full year until July of 1992 in order to qualify for a certain pay in his retirement benefits. He then chose to retire. The patient engaged the services of an attorney prior to leaving and retiring. He also submitted a letter to the company in June of 1992 indicating that he was going to have to retire because of his.back and knee complaints. - continued - June 17, 1993 Z Rla-iARD L. MASSERMAN, M.D., FACS., Fl.CS. ALAN SANDERS, M.D. RAABE, JAMES C. HISTORY OF PRESENT ILLNESS (Cont.) IV PAGE 4 The patient then chose to retire and he filed a service retirement and an industrial disability retirement. When this was denied he then filed a workers' compensation claim and was referred to a number of doctors. He was referred to Dr. Roberts who recommended some evaluations. The patient states that he has remained out of work officially with the Fire Department, but has continued his other job. He also continues to remain active and he continues to bowl on a regular basis. He has just finished up his league activities and he would be bowling up to one time per week. He also continues to do some boating activities. PRESENT COMPLAINTS With regard to the patient's left knee, he states that he has discomfort and pain to the knee and it bothers him with squatting and kneeling. It bothers him with twisting and turning and it comes and goes. He uses a rubber support on his knee when he bowls. With regard to the patient's right knee, he states that he has some aches and pains and he has never had any injuries about this. He states that he never had any particular injury to the knee as best he recalls. With regard to the patient's low back, he continues to have an ache and pain and it is on and off. He states that it is stiff and it bothers him throughout the day. Sometimes after doing activities it bothers him and he gets discomfort and pain. It is in the midline and there is no numbness, no tingling and no radiating pain. With regard to the patient's to the back of his neck. turning seems to bother him radiate nor does it cause any - continued - neck, he has an ache and pain He states that twisting and quite a bit and it does not numbness or tingling. June 17, 1993 f RIC HARD L MASSERMAN, M.D., FAC.S., F.I_C.S. ALAN SANDERS, M.D. PAST MEDICAL HISTORY Medications: Allergies: Surgical History: RAABE, JAM ES C. None. PAGE 5 None. Left knee, as noted above, gallbladder. Fractures: Right elbow in the 1960's. Motor Vehicle Accidents: None. Hospitalizations: None. The patient denies history of heart disease, lung disease, kidney disease, diabetes, or high blood pressure. JOB DESCRIPTION Please note the patient's job has been described above. REVIEW OF MEDICAL RECORDS The following medical records have been received and reviewed as follows: June 3, 1986: Alex D. Gazaui, M.D. — Orthopedic Report. July 11, 1986: Alex D. Gazaui, M.D. - Los Robles Regional Medical Center - Operative Report. August 5, 1986: Alex D. Gazaui, M.D. August 14, 1986: Alex D. Gazaui, M.D. April 24, 1989: Alex D. Gazaui, M.D. April 25, 1989: Alex D. Gazaui, M.D. - continued - 9 RK3-iARD L MASSERMAN, M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAN ES C. PAGE 6 REVIEW OF MEDICAL RECORDS (Cont.) May 2, 1989: Alex D. Gazaui, M.D. May 2, 1989: Alex D. Gazaui, M.D. May 23, 1989: Alex D. Gazaui, M.D. July 20, 1989: Alex D. Gazaui, M.D. December 13, 1990: Cathy Putman, M.D. - White Memorial Occupational Health Center. December 14, 1990: W. Rex Davis, M.D. - Doctor Is First Report. December 18, 1990: Thora Howard, M.D. December 26, 1990: Occupational Health Center. January 2, 1991: W. Rex Davis, M.D. - White Memorial Occupational Health Center. January 10, 1991: W. Rex Davis, M.D. January 17, 1991: W. Rex Davis, M.D. January 24, 1991: W. Rex Davis, M.D. February 8, 1991: John Harbaugh, M.D. - White Memorial Occupational Health Center. March 1, 1991: White Memorial Medical Center. April 25, 1991: John Harbaugh, M.D. May 14, 1991: Hrair E. Darakjian, M.D. - Southern California Orthopedic Institute Medical Group. - continued - i XCHARD L. MASSERMAN, M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. RAABE, JAMES C. REVIEW OF MEDICAL RECORDS (Cont.) September 12, 1991: Carl Boatright, M.D. October 9, 1991: Hrair E. Darakjian, M.D. PAGE 7 October 23, 1991: William V. Glenn, Jr., M.D. - MRI Scan, Cervical Spine. October 31, 1991: Hrair E. Darakjian, M.D. January 9, 1992: Alex D. Gazaui, M.D. November 3, 1992: Hrair E. Darakjian, M.D. January 18, 1993: Alan Roberts, M.D. - Orthopedic Report. January 25, 1993: February 4, 1993: Alan Roberts, M.D. Alan Roberts, M.D. January 3 through January 14, 1991: White Memorial Medical Center - Handwritten physical therapy notes, reviewed. December 13, 1990 through January 10, 1991: White Memorial Occupational Health Center - Handwritten care sheets, reviewed. Booklet #1 - Records of David Hoppenfeld, M.D. May 13, 1986 through August, 1992: Claim forms, hand- written progress notes and lab tests, reviewed. The medical records were prepared for the examining physician's review by Velma Gottlieb. PHYSICAL EXAMINATION Low Back: The patient stands erect with a normal thoracic kyphosis and lumbar lordosis. - continued - i Rla-iARD L MASSERMAN, M.D., FAC.S., F1.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PHYSICAL EXAMINATION (Cont.) Low Back: Head and Neck: - continued - PAGE 8 The patient walks with a normal gait and is able to toe and heel walk. The patient is able to squat fully with discomfort and pain to the left knee and low back. There is no tenderness to palpation along the vertebral bony processes, intervertebral soft tissues, and paravertebral soft tissues. There is no tenderness in either sciatic notch. There is a full, painless, unrestricted range of motion of the lumbar spine in extension, lateral bending, and rotation. The patient forward flexes fingertips to floor. Straight leg raising test is negative in both the sitting and supine positions. The patient holds his head erect with a normal cervical lordosis. The shoulders are at an equal level and the head is normocephalic. There is no tenderness to palpation along the intervertebral soft tissues of the cervical spine or bony prominences. 3Kt S 6 ! RlaiARD L MASSERMAN, M.D., FAC.S., C.S. ALM SANDERS, M.D. June 17, 1993 RAABE, JAN ES C. PAGE 9 PHYSICAL EXAMINATION (Cont.) Head and Neck: There is a full, unrestricted, painless range of motion of the neck in forward flexion, extension, lateral rotation, and lateral bending. Chest: Upper Extremities: Lower Extremities: - continued - There is a negative response to compression/distraction tests of the cervical spine. A valsalva maneuver fails to produce symptoms. Symmetrical with equal excur- sions. Shoulders are symmetrical and there is a full, unrestricted, painless range of motion of the shoulders, elbows, forearms, wrists, and hands. There is a negative Jobe's test. There is no tenderness to palpation of the acromio- clavicular joint, biceps tendon, or rotator cuffs. There is a negative response to Tinel's percussion over the ulnar and median nerves of the wrists. There is a negative Finkelstein test at the wrists. There is a negative Phalen's test. The patient has a full painless range of motion of the knees on flexion and extension. There is.no evidence of swelling. RICIiARD L MASSER7MIAN, M.D., FAGS., Fl.CS. ALAN- SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PAGE 10 PHYSICAL EXAMINATION (Cont.) Lower Extremities: The patient has well -healed arthroscopic scars to the knee as well as a scar over the medial aspect of the left knee. There is no tenderness to palpation along the medial or lateral joint lines or with patellofemoral compression. There are negative pivot shift, Lachman's, apprehension, and McMurray's tests. Neurologic Examination: - continued - The knees appear to be stable to varus, valgus, anterior and posterior stress. Range of motion of the hips is normal. The patient has no evidence of swelling, erythema, or deform- ities of the ankles. There is a full, painless range of motion on plantar flexion, dorsi-flexion, inversion and eversion of the ankles and subtalar joints. There is no tenderness to palpation. Range of motion of the toes is normal. There is no weakness in the ankles or feet. Deep tendonreflexes are present and symmetrical. Sensation is intact to all dermatomes. Motor is intact to all myotomes. r RICHARD L. MASSERMAN, M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PAGE 11 PHYSICAL EXAMINATION (Cont.) Measurements: Height: 614" Weight: 270 lbs. Upper extremities - circumferential - 10cm. above the tip of the olecranon: Right: 33cm. Left: 33cm. 10cm. distal to the tip of the olecranon: Right: 29cm. Left: 29cm. The patient is right hand dominant. Lower Extremities - circumferential - 15cm. above the upper pole of the patella: Right: 52cm. Left: 51cm. 5cm. above the upper pole of the patella: Right: 45cm. Left: 45cm. Maximum calf circumference: Right: 41cm. Left: 41cm. X-RAYS X-rays were taken in this office by Raymond R. Rahl, X-Ray Technician, Certificate No. RHP64007, expiration date November 30, 1993, and read by Alan Sanders, M.D., as follows: - continued - June 17, 1993 RICHARD L MASSERMAN, Mom., FAC.S., F.I.C.S. MAN SANDERS, M.D. RAABE, JAMES C. PAGE 12 X-RAYS (Cont.) Cervical Spine: There is evidence of some degenerative changes. Lumbosacral Spine: There is evidence of some mild degenerative changes. Right Knee: There is evidence of minimal degenerative changes. Left Knee: There is evidence of minimal degenerative changes. DIAGNOSIS 1. Chronic residual degenerative arthritis cervical and lumbar spine. 2. Chronic residual status post surgery and contusion with chondromalacia, left knee. 3. Chronic residual strain, right knee. DISCUSSION AND RECOMMENDATIONS Mr. Raabe is seen today for an evaluation. The patient's history is as presented above. The patient's medical records date back to 1986. At that time he was seen by Dr. Gazaui who noted that he had pain to his left knee. The doctor noted that he did have a prior history of surgery and that he never was back to normal. The doctor felt that he had degenerative arthritis and the record indicates that in July of 1986 he had surgery. It was noted that he had a medial meniscectomy and arthroplasty of the medial femoral condyle and this would be prior to the injury of 1989. The patient continued to have follow-up care with Dr. Gazaui and then was released. - continued - RICHARD L MASSFRIMAN, M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PAGE 13 DISCUSSION AND RECOMMENDATIONS (Cont.) The patient then had another injury in April of 1989 at which time he returned to Dr. Gazaui. The doctor felt that he had degenerative disease of his knee, recommended treatment and then released him as permanent and stationary in his report of May of 1989. He felt that the patient's disability was apportionable to pre-existing conditions as well as to the aggravation of the injury of 1989. The patient apparently then continued to work after that and then had an injury to his low back. At that time he was lifting a bed and this would be consistent with the history and the medical records. X-rays were taken and he was noted to have degenerative disease of the lumbar spine to include arthritis. The patient then continued to have further follow-up care and treatment with Dr. Davis throughout 1990 and into January of 1991. The doctor felt that he was feeling good and could return to his work without problems. The patient continued to have some discomfort and pain to his back and then was referred to Dr. Darakjian. He wrote a permanent and stationary report of May of 1991 and felt that the patient could return to work. The patient then continued to work and had a third injury to his neck. This was in or about September of 1991. At that time the patient was diagnosed as having arthritis as well as discogenic disease. He then returned to Dr. Darakjian and the doctor diagnosed a cervical strain. An MRI scan was done of his cervical spine in October of 1991 and this showed some degenerative disc disease with some minimal disc bulging. Dr. Darakjian released him as permanent and stationary without restrictions in October of 1991. Dr. Gazaui also saw the patient. - continued - RlaiARD`L MASSERMAN, ., AC.S., Fl.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAN ES C. PAGE 14 DISCUSSION AND RECOMMENDATIONS (Cont.) The patient apparently then chose to retire in July of 1992. He did not seek any medical treatment and he continued his usual activities outside the work place to include bowling, boating and his other work activities. He was referred to Dr. Darakjian who did evaluate him. The patient was also referred to Dr. Roberts who also evaluated him. This doctor apparently recommended further evaluation and then wrote a permanent and stationary report of February of 1993. The attached computerized strength test has been reviewed by Alan Sanders, M.D. The test was administered to the patient in this office by Randy K. Venverloh, B.A. He received his training from Applied Rehabilitation Concepts, Inc., and has been administering the test since October, 1990. At this time the patient was placed on the computerized strength testing machine in order to evaluate his strength. With regard to the patient's grip strengths, they are symmetrical and equal and he does not appear to be giving his full effort, regarding his left hand, but there does not appear to be any basis to consider grip strength loss. With regard to the patient's low back, he also appears to be giving a very reasonable effort and he does have some weakness here with lifting. Overall this is a gentleman who continues to have ongoing discomfort and pain to his neck and his back. He apparently has already settled claims regarding his knee and back. I do not find any basis to consider any �. industrial injury to his right knee because there has been no indication or claim to his right knee. Furthermore, the patient also presents to me a letter today which he apparently submitted to Dr. Spat and he has many copies of. - continued - RIC:HARD L. MA.SSERMAN, M.D., FAC.S., F.I.CS. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C- PAGE 15 DISCUSSION AND RECOMMENDATIONS (Cont.) Apparently he submitted this and it was dated June 5, 1992. The letter indicates that he.has decided to retire because of chronic back and knee problems. He does not indicate any -problems regarding the right knee nor does he indicate any problems regarding his neck. DISABILITY STATUS The patient has already settled his claim regarding his back and he also settled his claim regarding his knee. I find no evidence of any new or further disability. With regard to the patient's neck, he can also be considered permanent and stationary and he was permanent and stationary as of the date of his retirement. There has been no temporary disability regarding that problem. SUBJECTIVE FACTORS OF DISABILITY With regard to the patient's neck, he has reasonable subjective factors of disability to include occasional slight neck pain. OBJECTIVE FACTORS OF DISABILITY With regard to the patient's neck, he has some evidence of degenerative disc disease. WORK RESTRICTIONS With regard to the patient's neck, no formal work restrictions are indicated. VOCATIONAL REHABILITATION .--� Vocational rehabilitation is indicated. This patient has been granted a certain percentage of disability regarding his knee and his low back. - continued - RICHARD L MASSERMAN, M1)., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAN ES C. PAGE 16 VOCATIONAL REHABILITATION (Cont.) The patient's job as a fireman would exceed those restric- tions and disability that he had for his neck and back. I believe that the patient would best be considered a Qualified Injured Worker and I do not believe that he should be a fireman where he has to work on ladders and do very heavy lifting activities. I believe that he is best considered a Qualified Injured Worker based upon his disability regarding his neck and low back which already has been previously settled. FUTURE MEDICAL CARE The patient may require mild analgesics as well as oral anti-inflammatories. I do not anticipate any other treat- ment. APPORTIONMENT Apportionment, regarding the neck, is directly related to the injury of 1991. This is based upon the review of the medical records. With regard to the patient's knee and low back complaints, symptoms and disability, this has already been settled with regard to a prior workers' compensation action and there is no need to consider any further apportionment. With regard to the patient's right knee, this may very well be related to his bowling activities as there is no indication of any complaints or symptoms to his right knee during the course of the medical records that I reviewed while he worked at the above company. Please Note: If Job Analyses, Job Descriptions, Rehabili- tation Reports, RU90 and RU91 Forms are submitted at a later date, these will be reviewed unless we receive a written objection to same within ten days after receipt of this report. - continued - RICHARD L MASSERMAN, M.D., FAC.S., F.I.C.S. ALAN SANDERS, M.D. June 17, 1993 RAABE, JAMES C. PAGE 17 The above history, physical examination, review of medical records and preparation of the report, with the exception of the actual transcription, were all performed by this examiner. If it is necessary to submit any additional medical records for the doctor Is review, please do so by way of a Joint Transmittal Letter signed by all parties. Per Labor Code Section 4628(j) "I declare under penalty of perjury that the information contained in this report and its attachments, if any, is true and correct to the best of my knowledge and belief, except as to information that I have indicated I received from others. As to that information, I declare under penalty of perjury that the information accurately describes the information provided to me and, except as noted herein, that I believe it to be true." f ALAN SAhIiERS, M.D. Date: June 17, 1993 In the County of Los Angeles AS:bcs 6-17JR4 ' `CITY COUNCIL LEONIS C. MALBURG Mayor. THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX: (213) 581-7924 TELEPHONE (213) 583-8811 TELECOPY TRANSMITTAL SHEET TELECOPY NUMBER: (213) 585-4661 DATE: December 17, 1997 I : - DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 NO. OF PAGES (INCL. COVER): - AGENCY: City Attornty SUBJECT: Industrial Disability Retirement - Tames C. Raabe, Fire Captain If you do not receive this transmission in its entirety or any part is illegible please contact Claudia at (213) 583-8811 ext. 325. Thank you. a