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RESOLUTION NO. 93-61
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFOILNIA, FINDING AND
DETERMINING THE INDUSTRIAL DISABILITY OF
ANDREW HIGGINS
The City Council of the City of Tustin hereby resolve as follows:
WHEREAS, the City of Tustin is a contracting agency of the Public
Employees' Retirement System;
WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency who is in a
position of 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, an application for disability retirement of Andrew Higgins
employed by the City of Tustin in the position of police officer has been filed with
the Public Employees' Retirement System; and
WHEREAS, the City Council of the City of Tustin, California. has
reviewed the medical and other evidence relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, find and determine, and it does hereby find and
determine, that such disability is a result of injury or disease arising out of and in
the course of said employment and neither said Andrew Higgins nor the City of
Tustin has applied to the Worker's Compensation Appeals Board for a
determination pursuant to Section 21023.6 whether such disability is industrial.
In making this finding, however, the City reserves the right to raise such issues
at a later date should evidence so warrant, and the City further reserves the right
to seek apportionment of permanent disability benefits under worker's
compensation laws should the facts so warrant. The last day Andrew Higgins will
be on the City's payroll is October 13, 1992.
OR:jab: D:0?0993(A31 '7.jab'~
Resolution No. 93-61
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ATTEST:
i~ARY E. WYN~ City Clerk
PASSED AND ADOPTED, at a regular meeting of the City Council for the
City of Tustin on this 6th day of 3uly , 1993.
JIM,~OTTS, Mayor
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RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
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RESOLUTION NO. 93-61
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole number of the
members of the City Council of the City of Tustin is five; that the above and
foregoing Resolution was passed and adopted at a regular meeting of the City
Council held on the 6th__ day of 3ul,, , 19.93, by the following
vote:
COUNCILPERSONS AYES: Pot:ts, Saltarelli, Pontious,
COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
~~AR'~; E. WYNN,
Puckett, Thomas
Clerk
Published:
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