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Resolution 1991-34 .. . . 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 -1- RESOLUTION NO. 91 - 34 . . 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 -- -2- ... 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 ~ l.~ Q, <;) dctc L.\SB. 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 .' ~.: . . i: ' . 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, ~.':'~; t'/2'd ! P;11"-( : I GltJNOGJW S31tJ~ LS :L0 1:6, 21: ~,Jm ++ ... 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 // ~~V~ 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 . ), . ~ Address of Attorney for Applicant . ~I . .. ,... ..:: '. :. . 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 '''"., .. " . ,.. ...~ nr'''^J:'T~H':I'I1'' I,r IN r:H.J~TR''''''f.. "t~~.,". t "',,",'0:, or:. \'JCMt>/E"d" '~',' ".- GltlNOGJW S31tl::' 8E: 2,(1 1:6. 21: 1--.1nr ++ . . DMSION OF WORKERS' COMPENSATION WORKERS' COMPENSATION APPEALS BOARD ST ATE OF CALIFORNIA Exhibit B , .' 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. / . ./if~fj~L~- DAVIDM. TAYLOR' '" Workers' Compensation Judge Service as shown on the Official Address Record on August 9, 1990 BY:~,~'~ ~;';'J~' ::( ~;<;:.7~ \: ( .~ ~. . :: : ~~ ~ 1- '. . .-,. "'II" "., ~ t7/t7'd al~NOaJW S31~5 8E:~0 16, 21 Nnr : ++ . . 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)