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Resolution No. 7882i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 7882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING THE DISABILITY RETIREMENT OF GERALD 0. DRESSEN, A LOCAL SAFETY MEMBER 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 local safety member is physically or mentally incapacitated to perform his duties for purposes of the Public Employees' Retirement Law; and WHEREAS, on or about October 15, 1999, Gerald 0. Dressen, employed by the Agency in the position of Captain in the Vernon Fire Department, filed an application for service pending industrial disability retirement with the Public Employees' Retirement System ("PERS"); and WHEREAS, on or about November 10, 1999, PERS requested the Agency make a determination regarding whether Gerald 0. Dressen was incapacitated from the performance of his duties and therefore eligible to retire for disability; and WHEREAS, by letter dated December 5, 2001, Bruce V. Mal.kenhorst, City Administrator, notified Gerald 0 Dressen that the matter of his orthopedic and internal disability retirement, based on the findings contained in the medical reports, would be considered by the City Council; and �I 1 2 3 4 5 6 7 8 ti� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Vernon has reviewed medical evidence and other evidence relevant to whether Mr. Dressen was incapacitated; and 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 Gerald 0. Dressen is disabled within the meaning of the Public Employees' Retirement Law from the performance of his duties in the position of Captain in the Vernon Fire Department. SECTION 2 The City Council of the City of Vernon hereby finds and determines that such orthopedic and internal disabilities are industrial, in that they are 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 Gerald 0. Dressen has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 to determine 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 orthopedic evaluation report of Dr. Mason Hohl, an Agreed Medical Examiner, dated January 12, 2001, and the internal/ cardiology reports of Dr. Edward O'Neill dated October 23, 2000 and Dr. Gary Stewart dated January 7, 2001, that Gerald 0. Dressen is unable to perform the essential job function of his position as a -Captain in the - 2 - t Vernon Fire Department, that no appropriate reasonable accommodation can be made to do so and that the permanent and stationary date for retirement purposes is January 12, 2001. The City Council therefor determines that Mr. Dressen should be retired. The last day Gerald 0. Dressen was on the City's payroll was February 15, 2000, and Mr. Dressen retired effective February 15, 2000. SECTION 4: The City Clerk shall notify Gerald 0. Dressen of the City Council's determination granting his application for 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 13th day of December, 2001. ATTEST: BRUCE V. MALKENHORST, City Clerk !ONIS C. MAILBURG, Mayor 3 _ 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7882, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Thursday, 8 December 13, 2001, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 / 11 BRUCE V. MALKENHORST, City Clerk 12 13 ( SEAL ) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 SUPPORTING MENTS CITY COUNCIL �J I EDUARDO OLIVO City Attorney LEONIS C. MALBURG FAX: (562) 927-8722 Mayor KEVIN WILSON THOMAS A. YBARRA Director of Community Services & Water Mayor Pro-Tem FAX: (323) 826-1435 WM. "BILL" DAVIS KENNETH J. DeDARIO Councilman Director of Municipal Utilities H. "CARRY" GONZALES FAX: (323) 826-1425 Councilman 41 STEVEN E. PARKER W. MICHAEL MCCORMICK Fire Chief Councilman Tv T FAX: (323) 826-1407 BRUCE V. MALKENHORST CITY j HALL BRUCE W. OLSON City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX (323) 826-1438 TELEPHONE (323) 583-8811 FAX: (323)826-1481 December 5, 2001 Mr. Gerald O. Dressen 2200 Ardsheal Drive La Habra Heights, CA 90631 Re: Application for Disability Retirement Dear Mr. Dressen: The City has received a request from PERS dated November 10, 1999, with regard to your October 15, 1999 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 adjourned regular meeting to be held December 12, 2001. If you have -any questions or comments, do not hesitate to contact the Risk Management office. Very truly yours, CITY OF VERNON Bruce V. Malkenhorstj' City Administrator/City Clerk Y CC: Risk Management City Attorney /go MEMORANDUM ' RISK MANAGEMENT/PERSONNEL DEPARTMENT TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: November 6, 2001 SUBJECT: Service Pending Industrial Disability Retirement- Gerald Dressen, Fire Captain Gerald Dressen applied for a Service Pending Industrial Disability Retirement on October 15, 1999. In accordance with Government Code Sections 21154 and 21156, PERS requested that the City make a determination as to his industrial disability in a letter dated November 10, 1999 and received by the City on November 22,1999. Mr. Dressen was hired by the City Of Vernon Fire Department on February 1,1965. He retired from the City on February 15, 2000. According to his file, Mr. Dressen suffered various industrial injuries throughout his career with the City. He retained J. Leonard Stern as counsel to settle his claims. The City was represented by John B.Tharp. An agreement was reached between Mr. Stern and Mr. Tharp to refer Mr. Dressen for consultations with Agreed Medical Examiner (AME), Dr. Mason Hohl in the field of Orthopedics. Dr. Hohl's report dated January 12, 2001 found Mr. Dressen permanent and stationary. The overall rating for Mr. Dressen's various orthopedic injuries was determined to be 91 % based on Mr. Dressen's low back, hip and bilateral shoulder injuries. There is no third party liability. Based on Dr. Hohl's report, it is recommended that Council approve the industrial disability retirement of Gerald Dressen. JF/mt Attachments cc; City Attorney 'UPPERS Benefit Services Division P.O. Box 2796 Sacramento, CA 95812-2796 (916) 326-3232; (800) 352-2238 TDD - (916) 326-3240; FAX (916) 658-1280 November 10, 1999 0209-Vernon City Of 4305 SANTA FE AVE. VERNON, CA 90058 Dear Personnel Officer: Reply To: Section 432 Refer To: 573-54-1072 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 21154 and 21156, 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 (Government Code Section 21157). Under the California 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 function 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 Government Code Section 21166, by the employer, with respect to the disability for which the member will be retired. If it is determined that the member is not disabled for the performance of his or her 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: The Retirement System will require at least the following documentation: 1. A finding that disability exists. PERS-BAS-175-W (3/96) California Public Employees' Retirement System Lincoln Plaza - 400 P Street - Sacramento, CA 95814 • -2- 2a. A finding by your agency as to whether or not the disability is industrial. 2b. 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, last day member is on payroll. In case of a dispute regarding the member's effective date of retirement, 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 21164). 4. A statement identifying the type of disability retirement determined, i.e„ non- industrial disability retirement or industrial disability retirement. A member must have 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 re -depositing 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 advance 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 Government Code Section 21417: a. Was the disability the result of an injury which was a direct consequence of a violent act perpetrated upon his or her person? b. Did the disability occur during the performance of those portions of his or her duties which are particularly hazardous and dangerous? (For the particularly hazardous and dangerous exception to apply the disability must have occurred during the performance of job duties which had an especially high risk of f • . -3- danger when compared to other duties which were performed. It is not sufficient that the overall job duties were hazardous or dangerous to some degree; the exception pertains to hazards or dangers which stand above or apart from the expected hazards of the job. This exception does not apply simply because a member has an inherently hazardous and dangerous job.) 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 finding by such delegate in each instance. Under the law, if a person (other than the employer) caused an injury that results in certain CalPERS: benefits being paid, then CalPERS 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". (Government Code section 20251 et seq.) Accordingly, the Retirement System request 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. Sincerely, Murtha Barger, Manager Disability Determination Section MB:rc Enclosure: Copy of BAS-369D & BAS-183B cc: Gerald Dressen I w 0 ^b w �r)m A C6 ^. a5 p c p A G .� .� O rn .`,� "a R 5. L7 00 ,� ,►� ►ti A o .. r• Q � r^ O• ^ �p1� ."� OM Cl. Win 7 ¢. a ID 9 a, O p A O MEl N ^ ICJ tob.� d C a A .� w O n IV.� A • ,.� A dp w a �"1 A a A -C A h to O Ato 'rC .. w to C �•.�o to -4 b., a a N_ . co ^ iR `R"- A # n A � n �Qp IN ry, n go R� n r? O ^ e O y1 R• O . . OQ � ray. i pin Benefit Services Division P.O. Box 2796 Sacramento, CA 95812-2796 (916) 326-3232; (800) 352-2238 TDD - (916) 326-3240; FAX (916) 658-1280 November 10, 1999 Gerald Dressen 2200 ARDSHEAL DR. LA HABRA HEIGHTS, CA 90631 Dear Gerald -Dressen: Reply To: Section 432 Refer To: 573-54-1072 This letter acknowledges receipt of an application for your disability retirement. A copy of the application has been forwarded to your employer for a determination of your disability. Your employer is required to make a determination within six months of this notice unless you waive the requirements of this provision (Government Code Section 21157). Following your employer's finding of substantial incapacity, your retirement cannot be canceled. However, if you are eligible, and wish to change to a service retirement in lieu of disability retirement, you must apply for the change prior to the effective date of your disability retirement or within 30 days after notification of approval (Government Code Section 21156). Under the law, if a person (other than your employer) caused an injury that results in certain CalPERS benefits being paid, then CalPERS 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" (Government Code section 20251 et seq.). If you pursue a claim against any person for the same injuries that also entitle you to disability retirement from CaIPERS (other than a Workers' Compensation Claim or an uninsured motorist claim) YOU MUST INFORM CALPERS OF THE EXISTENCE OF THIS CLAIM. This is true even if the claim has not yet resulted in a court action. CalPERS has the right to participate in any such claim either through filing its own action against the responsible party, intervening in your claim, or filing a lien against any judgment which you may recover. IF YOU SETTLE SUCH A CLAIM WITHOUT NOTIFYING CALPERS, CALPERS MAY ALSO BE ENTITLED TO FILE A LAWSUIT AGAINST YOU FOR RECOVERY OF CALPERS' SUBROGATION RIGHTS. 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 to a member PERS-BAS-183B-W (3/96) California Public Employees' Retirement System Lincoln Plaza - 400 P Street Sacramento, CA 95814 -2- whose disability resulted from an injury which was a direct consequence of a violent act perpetrated upon his or her person or occurred during the performance of those portions of his or her duties which are particularly hazardous and dangerous (Government Code Section 21417). For the particularly hazardous and dangerous exception to apply you must show that your disability occurred during the performance of job duties which had an especially high risk of danger when compared to other duties which you performed. It is not sufficient that the overall job duties were hazardous or dangerous to some degree; the exception pertains to hazards or dangers which stand above or apart from the expected hazards of the job. This exception does not apply simply because a member has an inherently hazardous and dangerous job. If you are notified by CalPERS that your disability application has been approved, and upon receipt of a separation document form your employer reflecting your last day on the payroll, the System will calculate and send the optional settlement information. 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. You should be advised that membership in the Retirement System terminates upon the mailing of a warrant refunding contributions, making you ineligible for future benefits unless you return to employment covered by CalPERS Government Code Section 20340). If you have any questions, please contact us. Sincerely, Martha Barger, Manager Disability Determination Section MB:rc Enclosure: BAS-175 cc: 0209-Vernon City Of MEMORANDUM RISK MANAGEMENT/PERSONNEL TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: August 13, 2001 SUBJECT: MR. GERALD DRESSEN VS. CITY OF VERNON Claim number: 013-90-00032; 013-99-00030; 013-95-00034; 013-96-00025; 013-99-00021; 013-99-00032 Date of Injuries: 12/14/90; 01/26/92; 05/07/96; 11/06/96; 03/31/99; 02/01/1965 TO 02/15/00 WCAB Numbers: MON 0262992; MON 0262994 Gerald Dressen was employed by the City of Vernon Fire Department from February 1, 1965 through February: 15, 2000. During his tenure he suffered injuries to various parts of his body including low back, right knee, hazardous materials exposure, right leg and hip, left knee, umbilical hernia, internal/cardiovascular hypertension, and hearing loss. Most of these claims remain unsettled or were settled with a provision of future medical care. The following is a summary of conclusions reached as a result of medical evaluations. Internal Dr. Edward O'neill (City's physician) Internal/cardiology, 19% permanent disability after adjustment for age and occupation. Nineteen percent is equivalent to $10,000.00. Dr. Gary Stewart (applicant's physician) Internal/cardiology, 30% after adjustment for age and occupation. Thirty percent is equivalent to $21,420.00. Orthopedic Dr. Mason Hohl (agreed Medical Examiner) Various orthopedic injuries including low back, hip, bilateral shoulder injuries, 89% after adjustment for age and occupation. Eighty-nine. percent is equivalent to $137,425.00. Dermatological Dr. Paul McKenna (agreed Medical Examiner) No ratable permanent disability, however, he is entitled to future medical. Hearing Loss Dr. Ralph Nelson, non -ratable, however, hearing aid's bilaterally recommended Considering the orthopedic and internal disability levels, Mr. Dressen is 100% disabled. After negotiations between applicant's attorney and the City's attorney, John Tharp, both parties agreed to a recommended stipulated amount of 81 % or $120,865.00 payable for 525.50 weeks at a rate of $230.00. This level of disability would also entitle Mr. Dressen to a life pension in the amount of $44,740.90 payable at $81.17 per week for his remaining life expectancy of 20.7 years. Settlement includes future medical treatment for all body parts mentioned. Colen & Lee agrees with the above -recommended settlement and I concur. Please contact me should you have any questions. JF/fs cc: Eduardo Olivo, City Attorney COLEN` AND LEE 1470 South Valley Vista Drive, Suite 230, Diamond Bar, CA 91765 Telephone (909) 861-0816 Risk Management Services August 06, 2001 City of Vernon C/O Joan Francone, Risk Manager 4305 Santa Fe Avenue Vernon, CA 90058 RE: Mr. Gerald Dressen vs. City of Vernon Claim number: 013-90-00032; 013-99-00030; 013-95-00034; 013-96-00025;01.3-99-00021;013-99-00032 Date of Injuries: 12/14/90; 01/26/92; 05/07/96; 11/06/96; 03/31/99; 02/01/1965 to 02/15/00 WCAB Numbers: MON 0262992; MON 0262994 Dear Joan Francone: Please consider this letter as formal request for settlement authorization with regards to the various claims captioned above. As you recall Mr. Dressen is now a 57 year old former Fire Captain for the City of Vernon. He was employed from February 01, 1965, through the effective date of his retirement on February 15, 2000. The foregoing is a summary of his claims that remain open with the City of Vernon: 1. December 14, 1990- Mr. Dressen sustained an injury to his low back while shutting down a sprinkler system and a diffused sprinkler head. This claim remains unsettled. 2. January 26, 1992- Mr. Dressen reported an injury involving his right knee while climbing a ladder during drill evaluations. This claim remains unsettled. 3. May 07, 1996-Mr.Dressen sustained an injury to his groin and axillary areas as a result of exposure to hazardous materials fire. This claim was resolved by stipulations for zero percent permanent disability and the provision of future medical care, awarded on July 22, 1998. 4. October 13,;1996-Mr.Dressen reported an injury involving his right leg and hip as a result of performing his normal job'duties. This claim remains unsettled. 5. November 06, 1996-Mr.Dressen sustained an injury to his left knee as a result of twisting his knee while performing. firefighting duties in full turnout gear and breathing apparatus. The doctors opinion of Mr. Dressen's permanent disability resulted in zero percent, with a provision, of future medical care. On August 10, 1992, Mr. Dressen had received an award for 20:2% for a date of injury of December 23, 1990 to the same part of the body. The determination of the permanent disability level involving this subsequent November 06, 1996 claim was apportioned to the earlier December 23, 1990 injury to his left knee. Therefore, this claim was then resolved for zero percent permanent disability and a provision of future medical care, awarded December 12, 1997. 6. January 1999 to March 31, 1999- Mr. Dressen sustained an umbilical hernia as a result of his normal job duties. Following his repair of the same, he was discharged with no permanent disability and no need for future medical care. This claim remains settled. 7. February 1, 1965 to February 15, 2000- Mr. Dressen reported a claim for continuous trauma as a result of his entire employment period with the City of Vernon to his, back, right hip, bilateral shoulders, right and left leg, internal/cardiovascular, hypertension and hearing loss. This claim remains unsettled. DISCUSSION: Mr. Dressen retired on February 15, 2000. On March 10, 2000 he retained the service of Mr. J. Leonard Stem, Esquire. Mr. Stern activated three of the above noted claims, (dates of loss: 12/14/90, 01/26/92, 10/13/96), that had been without activity for many years. In addition he filed the February 15, 2000 continuous trauma claim for multiple body parts. This claim has been marked as the master file for all alleged body parts and claims. Mr. Dressen was referred to Dr. Steven Nagelberg by his attorney for treatment of his various ailments. The cases were referred to John B. Tharp to represent the interest of the City of Vernon. An agreement was reached between Mr. Tharp and Mr. Stern to refer Mr. Dressen for consultations with Agreed Medical Examiner's (AME); Dr. Mason Hohl, in the field of Orthopedics, and Dr. Paul McKenna in the field of Dermatology. By'utilizing AME's all parties agree to abide by the findings of these physicians. A similar agreement was attempted in the field of Intemal/Cardiology, however no agreement could be reached. Therefore a consultation with defense Qualified Medical Examiner, Dr. Edward O'Neill was pursued. Dr. Gary Stewart was utilized for Internal consultation on behalf of the applicants attorney. Dr. Ralph Nelson was utilized for defense consultation purposes with respects to Mr. Dressen's claim for hearing loss. The following is a breakdown of each medical report relied upon for settlement negotiations: Dr. O'Neill's report of October 23, 2000, found Mr. Dressen permanent and stationary.. Dr. O'Neill advised that Mr.Dressen's hypertension and hypertensive heart disease was industrially related. Dr. O'Neill found permanent preclusion of no undue emotional stress, and no very heavy work. Based on these findings, and pursuant to the guidelines for rating permanent disabilities, it was determined that Mr.Dressen's permanent disability from an internal/cardiology standpoint would be 19% after adjustment for age and occupation. Nineteen percent is equivalent to $10,600.00, payable for 66.25 weeks at the rate of 160.00 per week. Dr. Stewart's report dated January 07, 2001 found Mr. Dressen permanent and stationary from an internal/cardiology standpoint. He opined that Mr. Dressen was precluded from emotionally stressful work. Based on this preclusion, pursuant to the guidelines for rating permanent disabilities, Mr. Dressen's permanent disability level was determined to be 30%, after adjustment for age and occupation. Thirty percent is equivalent to $21,420.00 payable for 126.00 weeks at the rate of 170.00 per week. Both physicians opined that Mr.Dressen was unable to continue working as a firefighter for the City of Vernon and therefore considered a Qualified Injured Worker (QIW) for Vocational Rehabilitation services. Both Physicians opined that a need for ongoing future medical care would be required, which will include physicians visits and medication management. ORTHOPEDIC: Dr. Hohl's report dated January 12, 2001, found Mr. Dressen permanent and stationary. Dr. Hohl gave lengthy work preclusions for each body part. The overall disability rating for Mr.Dressen's various orthopedic injuries was determined to be 91 %. The majority of this is based on Mr. Dressen's low back, hip and bilateral shoulder injuries. These carried the highest percentages of disability. For example, the preclusion of the shoulders, as noted by Dr. Hohl, precluded Mr. Dressen from any work at greater than 30% range of motion from the body, bilaterally. This restriction takes an 80% standard, and an 89% after adjustment for age and occupation. Eighty-nine percent is equivalent to $137,425.00 payable for 597.50 weeks at the rate of $230.00 per week. DERMATOLOGICAL: The report of Dr. Paul McKenna dated February 12, 2001, found Mr. Dressen had sustained dermatologicaldisordersthat were chronic in nature. The exact cause of the dermatological disorder was unknown, however the possibility that a chemical exposure such as the one expressed in the May 6, 1997 incident could not be ruled out. No ratable permanent disability was found. However, he is entitled to future medical. He will require office visits and medication. The findings as noted above would not change any liability for the City of Vernon with regards to the permanent disability findings. Mr. Dressen's previous award for future medical care continues to be upheld. This was awarded on the May 6, 1997 date of injury. HEARING LOSS: The defense report of Dr. Ralph Nelson dated February 05, 2001, found Mr. Dressen permanent and stationary. Mr. Dressen was found to have industrially related hearing loss. However the level of hearing loss was determined to be non -ratable under the guidelines for rating permanent disabilities. Dr. Nelson's future medical recommendations would include hearing aid's bilaterally to help in conversation and mask tinnitus he is experiencing. The findings as noted above would not impact the level of permanent disability used to negotiate settlement proceedings with regards to these cases. However, the future medical needs will be.a provision of settlement. SETTLEMENT PROPOSAL: Considering the orthopedic disability level, when combined with the disability level of the internal component Mr.Dressen is 100% disabled. This would entitle Mr.Dressen to the maximum TTD rate of 490.00 for the remainder of his lifetime. Mr. Dressen's current life expectancy, per the life expectancy table, is 20.7 years. Mr. Tharp after lengthy discussion with applicants attorney, involving the possibility of cross-examination of Dr. Hohl, negotiated the overall disability level of both the orthopedic and internal/cardiology ratings to be in the range of 91 % to 95%. Mr. Tharp was able to further negotiate applicant attorney to agree that 91 % was the best estimate. Mr. Tharp then argued on factors of apportionment not previously discussed by Dr.Hohl. The apportionment factor was based on the awards Mr. Dressen had received on the prior 1990 injuries. However, applicants attorney argued that Mr.Dressen would be entitled to the full value of the rating on the shoulders, as the record would not sustain legal apportionment before the WCAB. Mr. Tharp advised that considering the facts, unfortunately we would not be likely to prevail on this issue, and it would be very easy for Mr. Stem to then press forward fora 100% award. However, though, Mr. Tharp continued to pursue negotiations and was able to obtain applicant attorney's agreement to settle for an 81 % proposed stipulated agreement. Mr. Tharp is recommending a stipulated agreement in the amount of 81 % or $120,865.00 payable for 525.50 weeks at the rate of 230.00. This level of permanent disability would also entitle Mr. Dressen to life pension for the remainder of his life expectancy, noted above as 20.7 years, in the amount of $81.17 per week. Based on his current estimate life expectancy, this would equate to $44,740.90. The life pension would begin following the last payment of permanent disability. This would also entitle Mr.Dressen to ongoing future medical treatment for all body parts mentioned. We agree with Mr. Tharp's recommendations for settlement. This agreement would settle all outstanding claims for the City of Vernon, for all alleged body parts. This would entitle Mr.Dressen to 81 % permanent disability payable as noted above. Body parts would include: back, both hips, bilateral shoulders, both legs, both knees, internal/cardiovascular, hypertension, hearing loss, and dermatological injuries. Again, Mr. Dressen would be entitled to future medical for these body parts. Mr. Dressen has been declared a qualified injured worker [QIW] for vocational rehabilitation: Although Dr. Hohl comments that Mr. Dressen is not interested in returning to the open labor market, should he become interested this would also be available to him. Your authorization with regards to the proposal is respectfully requested herein for the proposed stipulated agreement. If you have any questions please do not hesitate io call me at 909-396-5817. Sincerely, f Martin Vega, Workers Comp nation Administrator cc: John B.Tharp, Esq.