RESOLUTION R20XX-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AUTHORIZING INDUSTRIAL DISABILITY RETIREMENT ON BEHALF OF FIREFIGHTER ENGINEER OSCAR CASTRO WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings; and WHEREAS, the City of Manteca (hereinafter referred to as Agency) is a contracting agency of the Public Employee’s Retirement System; and WHEREAS, the Public Employee’s Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employee’s Retirement Law and whether such disability is “industrial” within the meaning of such Law; and WHEREAS, an application for industrial disability retirement of Oscar Castro formerly employed by the Agency in the position of Firefighter Engineer has been filed with CalPERS; and WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. That the City Council finds and determines that Oscar Castro is incapacitated within the meaning of the Public Employees’ Retirement Law for performance of his duties in the position of Firefighter Engineer and does hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code section 21156(a)(2). If the disciplinary process occurred before the member’s separation from employment, all relevant personnel documents will be forwarded to CalPERS for determination of the member’s eligibility for disability retirement.
2. Oscar Castro has filed a Workers’ Compensation claim for his disabling conditions. The Workers’ Compensation claim was accepted.
3. That the City Council find and determine and it does hereby find and determine that such disability is disease arising out of and in the course of employment.
4. Neither said Oscar Castro nor the Agency, City of Manteca, has applied to the Workers’ Compensation Appeals Board for a determination pursuant to Government Code section 21166 whether such disability industrial.
5. That the member was separated from his employment in the position of Firefighter Engineer after expiration of his rights under Government Code section 21164, effective March 29, 2011 and that no dispute as to the expiration of such leave rights is pending. His last day on pay status was March 29, 2011.
6. There is not a possibility of third-party liability.
7. The primary disabling condition is CT (cumulative trauma).
8. The duration of the disabling condition is expected to be permanent which is certified by competent medical opinion.
9. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 19th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _______________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Resolution __ ____
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ATTACHMENT 1
R20XX-XX Page PAGE 1 of NUMPAGES 3