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RESOLUTION NO. 80-39
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, PERTAINING TO
THE DISABILITY RETIREMENT OF FRED KRASCO
(SECTION 21025, GOVERNMENT CODE)
;;~HEREAS, the City of Tustin, California (hereinafter
referred to as Agency) 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 in employment in which he is classi-
fied 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
Fred Krasco employed by the Agency in the position of Police
Sergeant has been filed .with the Public Employees' Retirement
System;
WHEREAS, the Disability Retirement Board of the City
..
of Tustin conducted a hearing on April 16, 1980, and found that
Fred Krasco is disabled as a result of industrial causes;
WHEREAS, tha City Council of the City of Tustin,
California has reviewed the medical and other evidence relevant
to such alleged disability and reviewed the Findings and Con-
clusion of the Disability Retirement Board; and
WHEREAS, the City of Tustin and Fred Krasco have
entered into a settlement agreement dated April 1, 1980,
wherein it was agreed that a determination of industrial
disability by the City would not be used as a collateral
determination in any Worker's Compensation proceeding;
(1)
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
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Fred Krasco is incapacitated within the meaning of the Public
Employees' Retirement Law for performance of his duties i.n
the position of Police Sergeant; and
(2)
BE IT FURTHER RESOLVED THAT THE City Council 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 emPloyment and neither said Fred Krasco
nor the City of Tustin has applied to the Worker's Compensa-
tion Appeals Board for a determination pursuant to Section
21026 whether such disability is industrial; and
(3)
BE IT FURTHER RESOLVED that the member was separated
from his employment in the position of Police Sergeant after
expiration of his leave rights under Section 21025.4, Govern-
ment Code, effective 'Ma'r6h. 1, 1980 and that no dispute..as to
the expiration of such leave rights is pending.
PASSED AND ADOPTED by the City Council of the City
of Tustin, California, this 21st day of April, 1980.
DATED-__ .April 21, 1.980.
ATTEST '
city CL~K - '
RLL- lw-D ' 4/16/80
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
M~Y E. ~FgNN, 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
memDers of the City Council of the City of Tustin is five; that the above and
foregoing Resolution No. 80-.39 'was duly and regularly introduced, passed
and adopted at a regular meeting of the City Council held on the 21st day of
~APril _ , 1980 by the following vote-
AYES - COUNCIL~tEN- Saltarelli, Edgar, Sharp, Hoesterey
}iOES : COUNC I I2,~.EN: None
ABSENT- COUNC I I~.~.tEN - Kennedy
City of Tustin, California
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CITY OF TUSTIN
DISABILITY RETIREMENT BOARD
IN RE THE MATTER OF )
)
FRED KRASCO )
)
FINDINGS AND
CONCLUSIONS
The Disability Retirement Board of the City of
Tustin, California, convened on April 16, 1980, pursuant to
the application of Fred Krasco for Disability Retirement under
the Public Employees Retirement Law dated January 26, 1979.
Present were Dan Blankenship, City Administrator, Ed Bushong,
Finance Director, Roy Gonzales', acting Personal Director, and
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Robert Lavoie, Deputy City Attorney.
The Disability Retirement Board reviewed ~he follow-
~ ing documents which have been made a part of the record-
Exhibit 1 - Employer's Report of Occupation
Injury or Illness dated January 19, 1979.
Exhibit 2'- Application with Workers Compen-
sation Appeals Board dated February 1, 1979,
including medical reports from
Dr. Longergan.
Exhibi~ 3 - A medical report from Dr. John W. Conlet
dated August 25, 1978.
Exhibit 4 - Report of Dr. Peck dated February 19, 1979.
Exhibit 5 - Letter to the State Compensation Insur-
ance Fund from the Tustin Personnel
Department dated ~arch 21, 1979.
Exhibit 6 - Report of Dr. Oxman dated April 25, 1979.
Exhibit 7 - Report from Dr. Jeffries dated April 27, 1979
Exhibit 8 - Report from Dr. Orofino dated June 26, 1979o
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Exhibit 9 - Report from Dr. Peck dated August 2, 1979.
Exhibit 10- Report from Dr. Halcrow dated August 1~, 1979
Exhibit 11- Report of Drs. Ascher and Longelgan.
Exhibit 12- Report of Dr. Peck dated February 18, 1980.
Exhibit 13- Report of Dr. Strahan dated April 1, 1980.
Summaries of each of the above described exhibits are ........
attached to these Findings and Conclusions.
The Disability Retirement Board further reviewed a
Settlement Agreement entered into between the City of Tustin
and the applicant which, among other things, provided that the
City's acquiescence to the applicant's disability retirement
"shall not be used as any type of collateral 'determination in
Worker's Compensation proceedings and shall not be entitled to
any form of res judicata effect in those proceedings".
FINDINGS OF FACT
The Disability Retirement Board, having reviewed the
medical records and other records hereinabove described and
having reviewed the Settlement Agreement between the City and
! Fred Krasco dated April 1, 1980, finds as follows-
1 That Fred Krasco is incapacitated within the
[ moaning o£ ~he Public Employees' Retiremont Baw for' the
,:
formance of his duties as a ~olice officer;
2. That the said disability is the result Of injuries
arising out of and in the course of employment; and
3. That the condition of the employee is permanent
and stationary.
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CONCLUSIONS
.,
It is recommended that the City Council approve the.~.
disability retirement' from the employment of the City of Tustin
effective Mar~h 1, 1980.
DATED:
-' CIT_; ADM'i'N i STRATOR /'
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