Resolution 1991-34
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RESOLUTION NO. 91 - 34
RESOLUTION OF THE CDUNCIL FOR THE CITY OF GILROY
CONCERNING DISABILITY RETIREMENT OF THOMAS M. VASQUEZ
(SECTION2102S'-CoVERNMENT -CODE f-----------
WHEREAS, the City of Gilroy (hereinafter referred to as Agency) is a
contracting agency of the Public Employees' Retirement System;
WHEREASJ the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency in employment in which he is
classified as a local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is "industrial" within the
meaning of such Law;
WHEREAS, Thomas Vasquez, employed by the Agency in the position of Police
Sergeant, has filed an application for industrial disability retirementJ dated
April 2, 1991J with the Public Employees' Retirement System; and
WHEREASJ the City Council has reviewed the medical and other evidence
relevant to the alleged disability;
NOW, THEREFORE J BE IT RESOLVED:
1. That the City Council does hereby find and determine that Thomas
Vasquez is incapacitated within the meaning of the Public Employees' Retirement Law
for performance of his duties in the position of Police Sergeant; and
2. BE IT FURTHER RESOLVED THAT the City Council does hereby find and
determine that such disability is a result of injury or disease arising out of
injury or disease arising out of and in the course of employment, and neither
Thomas Vasquez or the City of Gilroy has applied to the Workers' Compensation
Appeals Board for a determination pursuant to Section 21026 whether such disability
is industrial.
3. BE IT FURTHER RESOLVED that Thomas Vasquez will be separated from his
employment of Police Sergeant effective June 30, 1991. The City Council finds that
this June 30, 1991J effective retirement date is after the expiration date of
Thomas Vasquez's leave rights under Government Code Section 21025.4 because the
Workers' Compensation Appeals Board determined on March 23, 1988 that Thomas
Vasquez's injury was permanent and stationary. A copy of the Workers' Compensation
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RESOLUTION NO. 91 - 34
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Appeals Board Stipulations with Request for Award stating that Thomas Vasquez's
condition became permanent and stationary is attached hereto as Exhibit A. On
August 9, 1990, Workers' Compensation Judge David M. Taylor awarded permanent
disability as of March 24, 1988. A copy of that Award is attached hereto as
Exhibit B. Since March 24, 1988, Thomas Vasquez has been in a temporary
administrative sergeant position and that administrative position requires that he
be rotated to patrol sergeant on June 30, 1991, but that he is incapacitated from
performing those duties. Furthermore, the City Council finds that no vacant
permanent administrative assignments exist within the City Police Department which
Thomas Vasquez is capable of performing, and no position exists in which Thomas
Vasquez would have promotional opportunities.
4. The City Council is not aware of the possibility of third party
liability in this matter.
5. That Thomas Vasquez shall receive advance disability pension payments
from the City for the period beginning June 30, 1991, in accordance with the terms
of Labor Code Section 4850.3 until such time as he begins receiving disability
pension payments from the Public Employees' Retirement System. The Public
Employee's Retirement System should mail reimbursement checks to the City of
Gilroy, 7351 Rosanna Street, Gilroy, California, 95020.
6. That the City Council finds that Thomas Vasquez's primary disabling
condition is orthopedic.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting of said Council, held on the 17th day of June, 1991, by the following vote
of said Council:
AYES:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: NELSON and HUGHAN.
APPROVED:
1~~ al1~
Mayor pro~~~
ATTEST:
-A _~~~~
~ Ci ty Clerk
RESOLUTION NO. 91 - 34 --
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WORKER.OMPENSA TION APPEAl BOARD
Exhibit ,A
STATE OF CAUFORNIA
Applicant
Case No.
Thomas vasquez
VS.
City of Gilroy, PSI
Adjusted bY'Gates McDonald
Stipulations
with Request
for Award
Dt#endantr
ISSUED
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by
The parties hereto stipulate to the.issuance of an Award and/or Order, based upon the, followin~ facts, and
waive the requirements of Labor Code Section 5.'313:
1.
Thomas Vasquez
CEmclarH )
,born
9/18/50
. while
employed within the State of California as
by City of Gilroy
Police Sergeant
(~atlcm )
on
3/24/87
(Oate tit Injury )
(Employcr)
Gates McDonald t . ed :..J ' , f d' h f 1
sus am i'Jury arumg out 0 an m t f: courSe 0 emp oyrnent
whose compensation insurance carrier was
right ankle
< puu of body ;lIj1,1,w)
2. The injury caused temporary disability" for the period
1 [27 /88
through. 3/20/88 _ for which indemnity is payable at $ fu 11 salary per
L. C_ Secti on 4850 ch ' 1 d
less c:reclit for su payments preVIOUS y ma e.
, '"
"
3 Th ' , d d' b't.ty f 37 : 2
, e mJury cause pennanent 1$3 I 1 0
~ f h' h . d .. b] t" 140 . 00
'/~, or W 1<; In emmty IS paya e a ~~
. th f $ 23, 205 . 00 1 ' d' f ch
, In e sum 0 . ' , ess ere It or su
per week beginning
3/24/88
'"
payments previously made, Credit for permanent disability advances 8/23/89 through
1/9/90; 20 weeks or $2,800.00
An informal rating has X>xKKQt been previously issued,
( Select 0DCl >
4. There is MmoKXPO;GCn~ need for medical treatment to ('ur(' or relie\'e from the cffects of said injury,
(Sel""t Oft I
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CEPA"TMe:....T or. IHOltS""",I.", ttn....1"JONS
OIV"'Q'" 0.. INt"I~TIU.'" ""CC;lcItNTS
OIA \Vt"::.6~ ~O~H,.t ~ H"U';:v, ~.':'~;
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WORKERW-OMPENSATION APP~ BOARD
STATE OF CALIFORNIA
Exhibit A.
5. Medical-legal expenses are payable by defendant as foll~:
All med/lit costs, have been or will be paid by defendants.
6. Applicant's attorney request a fee of $ 2 500 00
t .
7. Liens against compensation are payable as follOW$':
Liens of Dr. Greenspant Or. Powers and Permanente Medical Group either-
have been or will be paid by defendant.
8. Other stipu1a~on$:
Attorney fees are to be::.cotamnted from::far~~end of 'award.
Augu,;;t 1..__ 199fl ')
Da~d //
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plicant Cs
557-70-7930
Social Security Number of Applicant
52-Line St., Holli
Addr~ of Applicant
,'Stephen S
Attorney for. Applicant
" ~ ' ". : - ~ J ~
P.O. ~ox 3500, Salin~s,'G~~93912
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Address of Attorney for Applicant
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73~1 Rosa...o.na st.. Gi 1 ray, ('A <;IS020 ",
Address of Employer
P.O. Box 50017, San Jose, Ca 95150-0017
Add~, OllnSUm": ~Z . '. .. .
Kim ..L..Q~ll . (.,t.....-?~, /. o.Jl~;-LJ..____
Attorney or Authorized RepreserJtnti~e for Defendant
P.O. Box 50017, San Jose, CA 95150
Address of Attorney or Authori7.ed Reprcsenttltive
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DMSION OF WORKERS' COMPENSATION
WORKERS' COMPENSATION APPEALS BOARD
ST ATE OF CALIFORNIA
Exhibit B
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A WARD
Case No. SAL 44747
AWARD IS MADE in favor ofTIfOMAS VASQUEZ against CITY OF G~ROY,
Permissibly Self~Insured, of:
(A) Temporary disability in accordance with paragraph 2 above,
(B) Permanent disability indemnity in accordance with paragraph 3 above,
Less the sum of $2,500.00 payable to applicant's attorney as the .reasonable
value of services rendered, , ,
Less liens in accordance with Paragraph 7 above,
(0. Further medical treatment in accordance with Paragraph 4 above,
(D) Reimbursement for medical-legal expenses in accordance with paragraph 5
above,
(E) IT IS ORDERED THAT sufficient funds be commuted from the far end of
the awarded pennanent disability to produce the sum of $2,500.00, said
sum to be paid forthwith to SPRENKLE & LAUERMAN as awarded
attorney's fee.
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DAVIDM. TAYLOR' '"
Workers' Compensation Judge
Service as shown on the
Official Address Record
on August 9, 1990
BY:~,~'~
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 91-34
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
17th
day of June
, 19~J-_,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 18th day of June
(Seal)