Resolution No. 2016-045
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DocuSign Envelope ID: AB71D26C-B070-4C23-8AC4-294B0B0184FE
Jaime Almeida 889
02/06/2024
Ind. Disability Retirement. Appl.–M. Madrigal
2/7/2024
City Administrator resolution per City Council
Resolution No. 2016-45
2/7/2024
2/7/2024
2/7/2024
2/7/2024
2/7/2024
A RESOLUTION OF THE CITY ADMINISTRATOR OF THE CITY OF VERNON APPROVING THE INDUSTRIAL DISABILITY RETIREMENT APPLICATION OF MARIA MADRIGAL, A LOCAL SAFETY MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156)
(1) Pursuant to the authority delegated to me by action of
the City Council of the City of Vernon (hereinafter referred to
as Agency) via Resolution No. 2016-45, dated August 2, 2016, and
pursuant to the authority under Government Code section 21173,
after review of medical and other evidence relevant thereto, I
hereby determine that Maria Madrigal, a local safety member of
the California Public Employees’ Retirement System (CalPERS) who
was employed by the Agency until April 19, 2023, is
substantially incapacitated within the meaning of the California
Public Employees’ Retirement Law for performance of her duties
in the position of Police Officer for an orthopedic (cervical
and lumbar spine, right and left shoulder, and Left
knee)condition.
I hereby certify under penalty of perjury that this
determination was made on the basis of competent medical opinion
and was not used as a substitute for the disciplinary process in
accordance with Government Code section 21156(a)(2). If the
disciplinary process occurred before the member’s separation
from employment, all relevant personnel documents were forwarded
to CalPERS for determination of the member’s eligibility for
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disability retirement and CalPERS’ determination that the member
is eligible to apply for disability retirement was obtained
prior to starting the process of determination.
(2) Maria Madrigal had filed a Workers’ Compensation claim
for her disabling condition. The Workers’ Compensation claim was
accepted.
(3) Pursuant to such authority I also determine that such
incapacity is a result of injury or disease arising out of and
in the course of her employment as a local safety member. I
certify that neither the Agency nor the member has filed a
petition for determination under Government Code section 21166,
to be made by the Workers’ Compensation Appeals Board.
(4) I hereby certify that the member was separated from her
employment in the position of Police Officer after expiration of
her leave rights under Government Code sections 21163 and 21164,
effective April 19, 2023, and that no dispute as to the
expiration of such leave rights is pending. Her last day on pay
status was April 19, 2023.
(5) There is not a possibility of third-party liability.
(6) Advanced Disability Pension Payments will not be made.
(7) The primary disabling condition is orthopedic (cervical
and lumbar spine, right and left shoulder, and Left knee).
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(8) The duration of the disabling condition is expected to
be permanent, as determined on the basis of competent medical
opinion.
APPROVED this 6th day of February, 2024.
______________________________
NAME: Carlos R. Fandino, Jr.
TITLE: City Administrator
ATTEST:
_____________________________
Lisa Pope, City Clerk
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
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CONFIDENTIAL
INTEROFFICE MEMORANDUM
HUMAN RESOURCES DEPARTMENT
DATE: February 6, 2024
TO: Carlos R. Fandino, Jr. City Administrator
FROM: Michael A. Earl, Director of Human Resources
RE: A RESOLUTION OF THE CITY ADMINISTRATOR OF THE CITY OF
VERNON APPROVING THE INDUSTRIAL DISABILITY RETIREMENT
APPLICATION OF MARIA L. MADRIGAL, A LOCAL SAFETY
MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON
(GOVERNMENT CODE SECTION 21154 AND 21156)
Background
In accordance with Government Code Sections 21154 and 21156, the City is required to
determine a member’s disability eligibility within six months of an IDR application. On its own
a Worker’s 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 from the performance of his or her
own duties, a resolution to that effect must be submitted to CalPERS. On August 2, 2016, City
Council passed Resolution No. 2016-45, delegating the authority for making such determinations
for local safety members to the City Administrator.
Maria Madrigal was hired by the City of Vernon on January 25, 1999. At the time of her
retirement on April 19, 2023, Ms. Madrigal was a 50-year-old Police Officer. On September 23,
2019, Ms. Madrigal sustained a work-related injury to her shoulders while participating in rifle
training. She amended her injury claim to include injuries to her neck and back, as well as
suffering from headaches. Through her attorney, Ms. Madrigal also has alleged injuries to
include high blood pressure and cardiovascular issues. Ms. Madrigal filed a cumulative trauma
claim covering her entire period of employment with the City alleging injury to her low back
from wearing a duty belt, as well as injury to her left knee.
Ms. Madrigal last worked for the City on October 16, 2019. From October 2019 through April of
2023, Ms. Madrigal remained temporarily totally disabled due to her injuries as determined by
her doctors. She used two years of fully paid injury leave under Labor Code Section 4850 for her
2/6/24
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two separate injury claims. During this period, Ms. Madrigal also exhausted her accrued paid
leave and received temporary disability benefits.
Ms. Madrigal’s medical condition was declared permanent and stationary by two Qualified
Medical Examiners (QMEs) with the following work restrictions.
No repetitive lifting over 30 pounds
No repetitive bending and squatting and,
No heavy lifting, pushing, or pulling over 30 pounds.
Ms. Madrigal’s permanent work restrictions preclude her from performing the essential duties of
a Police Officer, with or without a reasonable accommodation.
Ms. Madrigal filed an application for a Service Pending Industrial Disability Retirement
Application with CalPERS and retired from the City April 20, 2023.
In accordance with government code 21156, a local safety member shall be retired for disability
only upon the employer’s determination that the member is substantially incapacitated physically
or mentally for the performance of the usual job duties with the current employer. The disability
decision is based upon competent medical opinion and all medical and vocational information
provided by the member, employer, and workers’ compensation carrier. The determination is
based on actual/present disability, not prospective inability to perform the job duties. Based on
the competent medical opinion of Dr. Harvey L. Alpern and Dr. Kyle H. Landauer, where they
found Ms. Madrigal substantially incapacitated with permanent work restrictions due to her
orthopedic (cervical and lumbar spine, right and left shoulder, and Left knee) condition, I am
therefore recommending the approval of an industrial disability retirement retroactive to Ms.
Madrigal’s service retirement date effective April 20, 2023.
The City Attorney has reviewed the attached resolution and has approved it as to form.
Fiscal Impact
None.
Attachment(s)
1. Resolution
cc: Zaynah N. Moussa, City Attorney
MAE
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