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HomeMy WebLinkAboutResolution - 1911 RESOLUTION NO. 1911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1 SAN JACINTO, CALIFORNIA, DETERMINING KAREN 5. GASKIN TO BE DISABLED AND THAT SAID DISABILITY 2 ARISES OUT OF HER EMPLOYMENT .3 WHEREAS, the CITY OF SAN JACINTO (hereinafter referred to 4 as Agency) is a contracting agency of the Public Employees' 5 Retirement System, WHEREAS, the Public Employees' Retirement Law requires 6 that a contracting agency determine whether an employee of such agency in employment in which she is classified as a local 8 safety member is disabled for purposes of the Public 9 Employees'. Retirement Law and whether such disability is 1p "industrial" within the meaning of such law; 11 1. Karen Gaskin came into local safety membership 12 with the Agency lateir:than January 1, 1980 (October 5, 1987) ; 13 2. That the injury is root a`result of a direct violent act perpetrated upon the member; and 14 3. The injury did not:,occur during the performance of 15 those portions of the. member's duties which are particularly 16 hazardous or dangerous. 17 WHEREAS, the CITY OF SAN JACINTO has reviewed the medical 18 and other evidence relevant to such alleged disability, 19 1. NOW, THEREFORE BE IT; RESOLVED. 20 a. Karen Gaskin-s physician, Ismail Yassai, 31 PhD. , declared her on October 3, 1990 to be permanent and stationary. 22 b. Karen Gaskin's employer will offer her vocational 23 rehabilitation upon request. 24 C. Employer will not be providing Advanced Disability 25 Payment. 28 d. That the CITY OF SAN JACINTO does hereby find 27 and determine that Karen Gaskin is incapacitated 28 within the meaning of the Public Employee's 29 Retirement Law for Performance of her 30 duties in the position of Police Officer. e. That the reason for disability is very slight 31 psychiatric impairment; and, 32 f. That there is not the possibility of a third party liability. Resolution No. 1911 Page 2 1 2 2. BE IT FURTHER RESOLVED THAT THE CITY OF SAN JACINTO 3 does hereby find and determine that such disability 4 arises out of and in the course of employment and neither said Karen Gaskin nor the Agency of THE CITY OF SAH JACINTO has applied to the Worker's 6 Compensation Appeals Board for a determination pursuant 7 to Section 21026 whether such disability is 8 industrial; and 9 OR 10 3. BE IT FURTHER RESOLVED that the member was separated 11 from her employment in the position of Police 12 Officer effective November 21, 1990 and that no 13 dispute as to the expiration of such leave rights under section 21025.4 of the Government Code is 14 pending. 13 MOVED, PASSED AND ADOPTED this 20th day of November 16 199o, by the following. vote: 17 AYES: Councilmen Boykin, Uivine, Ford, Redding & Rose 18 NOES: None 19 ABSENT: None 20 ABSTAIN: None 2ATTEST: B Y 23 ayor 24 25 Deputy ciry ClerK 26 CERTIFICATE 27 The foregoing is certified to be a true copy of Resolution No. 1911 duly passed by the said City Council of the City of San 28 Jacinto on the date set forth therein. 30 Deputy City Clerk 31 32