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HomeMy WebLinkAboutResolution No. 7229RESOLUTION NO. 7229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT A CERTAIN CITY EMPLOYEE IS INCAPA- CITATED FOR THE PERFORMANCE OF HIS DUTIES AND SHOULD BE RETIRED FOR DISABILITY. (Section 21024 Government Code) WHEREAS, the City of Azusa (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retire- ment System; and WHEREAS, 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; and WHEREAS, an application for disability retirement of Stanley Patera, employed by Agency in the position of Fire Engineer, had been previously filed with the Public Employees' Retirement System and denied by the City Council; and WHEREAS, the City Council has reviewed new medical and other evidence relevant to such alleged disability; NOW, THEREFORE, the City Council of the City of Azusa does resolve as follows: SECTION 1. The City Council of the City of Azusa heri* finds and determines that Stanley Patera is incapacitated within the meaning of the Public Employees' Retirement Law for the performance of his duties in the position of Fire Engineer and that such incapacity has existed since February 7, 1983. SECTION 2. The City Council does hereby find and de- termine that such disability is a result of injury or disease arising out of, and in the course of employment, and said Stanley Patera has applied to the Worker's Compensation Appeals Board for a determination as to whether such disability is industrial and has received an award. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall.cause a certified copy thereof to be transmitted to the Public Employees' Retirement System. Adopted and approved this 7th day of February, 1983. �0 Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 7th day of February 1983 by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Decker, Hart, Cruz, Latta, Moses None None 1 CITOS NEUROSURGICAL MEDIA GROUP A MEDICAL CORPORATION 248 WEST COLLEGE STREET M. RAY ROGERS. M.O., F. A.C.S. DIPLOMATE AMERICAN BOARD SUITE 302 OF NEUROLOGICAL SURGERY COVINA, CALIFORNIA 91723 TEL. 966.1793 January 5, 1983 R. L. Kautz G Co. 17370 Skypark Circle Irvine, Ca 92714 Attn: Sherri Wilcox Dear Mrs. Wilcox: Res Patera, Stanley D/Is 11/14/81 Eines City of Azusa Files 0972-81-0003 Mr. Patera returns to the office on January 4, 1983 for another post operative neurosurgical evaluation. Since he was here, he has continued about to same. fie still has pain in the trapezius areas, but it is mostly stiffness and discomfort. The pain is not severe enough to require medication. Be has no arm pain, or headaches. Neurocurgical examinations reveals no sensory changes. The deep tendon reflexes are equal in the bicep's areas, the left tricep reflex is absent, the right is present at 2+. The grip on the right is 100 kgs. as cor.pared to 60 kgs, on the left, the left hand is dom- inant. fieaaurement of the mid-bicep's area reveals the right to he 29.5 cros. as compared to 29 cros. on the left. The forearms to be 27.5 cma. as coapared to 27 cros. on the left. :he range of lotion in the neck is limited by about 154, as is lateral turning of the head and neck. Flexion is limited by about 10- 15%, extension by about 40%. There is some tenderness and muscle tight- ness in the paraspinal muscles and trapezius areas. Abduction of the arms above the heaC does not reduce the pulse. DISCUSSION: %r. Patera has been freed of the left arm pain, by the surgery at C5,6 and 6,7, which is oolid. He is still having some evidence, on x-ray, of mild degenerative changes at C3,4 ani 4,5 which undoubtedly will contribute to some continued problems in his neck area. All in all, he has Hone quite well in recovering fron the surgery. I feel that for all practical purposes, he should be consider- ed permanent and stationary. I feel that his disability, .from a sub- jective viewpoint, is intermittent slight pain that would increase to moderate with activities such as heavy lifting, repeated banding of the head and neck forward or backwards, and working with the arms a- bove shoulder level. M11. RAl' ROGERS. M.D. NE*SURGERY • 246 WEST COLLEGE STREE• COVINA. CALIFORNIA 91723 • 966.179$ Patera, Stanley January 5, 1983 R.L. Kauts & Co. Page II The objective signs are absence of the left tricep's reflex as compared to the right, reduced grip on the left with 100 kgs, on the right as compared to 60 kgs. on the left - he is left handed so the left should be at least, as much as the right, probably a little more. There is a little loss of muscle on the left side as compared to the right, it should be as large - it is .5th of a cm. less in the bicep's and forearm areas. I feel that Hr. Patera will not be able to return to work as a fireman. I feel that he is a qualified injured worker for rehabili- tation and that some effort should be started as soon as possible. I feel that he will need medical care, although it shouldn't be too much. He may have acute flareups of pain, he might need some P.T. from time to time along with some type of medication. There is a possibility that he might require surgery at the levels above the fusion, but this is not a likelihood. As mentioned, an early attempt at Rehab is indicated. Thank you for allowing me to see this patient for neurosurgical evaluation. He is to return in 2 months. Sincerely, �,.. ct�., - Gc , � M. Ray Rogers, H.A. MRR/mm enc n CITOS NEUROSURGICAL MEDIA GROl1p A MEDICAL CORPORATION M RAY ROGERS• M.D.. F.A.C.S. 246 WEST COLLEGE STREET DIPEOMATE AMERICAN BOARD SUITE 302 OF NEUROLOGICAL SURGERY COVINA. CALIFORNIA 91723 TEL. 9613-1795 October 12, 1902 R. L. Y.autz s Co. 17870 Sky_r&--k Circle Irvine, C&. 92714 Attn: Sherri idilcox Dear Mrs. Ree Patera, Stanley D/Is 11/14/91 Emp: City of Azusa File: 0972-81-0003 Mr. Patera's xrays, in the flexion-extension views, have been reviewed, of the cervical spine. Overlapping the films with a bright light, and I don't see any definite movement at the C6,7 level where I thought there might not be a fusion. even t}iough,'there is still a lucent line at that aree, hopefully, it is fusing. We will continue to follow him aad hopefully, he will continue to improve. Iia does have some deger.erative disk higher in the hack And the main. problem that we opeeatod for was the left arm pain which has been relieved. He instill having some pain in the neck, trape- zius area and this may come from degeneration of the C3,4 or 4,5 disk. Thank you again for allowing Lia to see this patient for neuro- surgical evaluation and treatment. KRP./mm Sincerely, M. Ray Rogers, M.D. 1 • • CITRUS i\EUROSURGICAL MEDICAL GROUP A MEDICAL CORPORATION M RAY ROGERS. M.D.. F.A.C.S. 246 WEST COLLEGE STREET DIPLOMATE AMERICAN BOARD SUITE 302 OF NEUROLOGICAL SURGERY COVINA. CALIFORNIA 91723 OctolTE4r96201 7,9S1982 A. L. Kautz & Co. 17870 Skypark Circle Irvine, Ca 92714 Attn: Sherri Wilcox Dear mrs. Wilcox: Ret Patera, Stanley D/I: 11/14/81 Emp: City of Azusa File: 0972-81-0003 Dir. Patera returns to the office on October 27, 1962 for another neurosurgical evaluation. Since he was here, he has ccntinued to have the discomfort in the lower cervical and trzpezius areas, parti- cularly if he does anything strenuous. This has subsided to some degree, but it still would prevent him from returning to work as a fireman. I will not declare him permanent and stationary until one year, following his surgery, and that would be in March, 1983. I don't feel that he is able to return to work at this point in time, and he may not be able to return to his regular work at the end of the year. we have about 5 months to see what develops. The x-ray today reveals the fusion at C5,6 & 6,7 to be solid. There is evidence of a little degeneration at C4,5 level above the fusion. Neurosuraical examination: reveals the deep tendon reflexes to be equal in the bicep's area, the left tricep's is absent, the right is present at 2+. The grip on the right is 100 kgs. as cor•.- pared to 60 kgs. on the left. There are no sensory changes. The range of notion in the neck is limited by about 25t on lateral turn- ing,and flexion, and by about 408 on extension. There is some muscle tightness in the paraspinal muscles and trapezius areas in the neck, more on the left side. DISCUSSION: I feel that Mr. Patera is doing quite well in re- covering from hds surgery and he doesn't have any arm pais, no numb- ness in the arm. The left grip is weaker than the right but he does have pain in the low cervical area, in the trapezius areas which is still disabling. As time passes, hopefully, this will improve. I want to see him back in 2 months. Thank you for allowing me to see this patient for neurosurgi- cal evalustien_ Sincerely, CIOUS ,AEUROSURGICAL 1I.EDIOL GROUP M RAV ROGERS. M.D., F.A.C.S. OIPLOMATE AMERICAN BOARD OF NEUROLOGICAL SURGERY R.L. Kautz 6 Co. 17870 Skypar:: Circle Irvine, Ca 92714 Attn: Sherri Wilcox Dear Mrs. Wilcox: A MEDICAL CORPORATION 246 WEST COLLEGE STREET SUITE 302 COVINA. CALIFORNIA 91723 TEL. 9661796 August 30, 1982 Re: Patera, Stanley D/I: 11/14/81 Fang: City of Azusa File: 0972-81-0003 Mr. Patera returns to the office on August 19, 1982 for another neurosurgical evaluation. Since he was here, he has remained about the same. He states that if he does any physical activity, he gets stiffness and some discomfort in the trapezius areas on both sides, but without any real pain that he had prior to surgery. Ile just isn't changing much. He is a little discouraged about not being able to do more. It has been some 5 months now since the surgery, sometimes it takes quite a while to get the stiffness out of the trapezius areas. The x-ray reveals the fusion to be progressing satisfactorily. Neurosurgical examination: reveals no sensory changes except for a tt aecrease sensation in the tip of the index finger on the left. The grip on the right is 100 kgs, as compared to 70 kgs. on the left, he has pain up into the trapezius areas with gripping on the left. The range of motion in the neck is limited by about 25€ on turn- ing to the left, about 15% to the right, 25% on flexion and extension. Abduction of the arms above the shoulders is not painful and does not reduce the pulse. The bicep's reflexes are equal and active, the richt tricep's is present, the left is not obtainable. DISCUSSIOi?: IIe is not changing very much over the past 2 months. As mentioned, it does sometimes take some people longer to get over the tightness in the trapezius areas. I have recommended that he continue to gradually increase his activities. We will see him back in a month or so. The x-ray looks goo:,. Thank you for allowing me to see this patient for neurosur- gical evaluation and treatment. NRF/mm Sincerely, M. Ray Rogers, M.D. T CITOS \EURDSURGICAL MEDIC GROUP A MEDICAL CORPORATION M RAY ROGER S, M.O., F,q.C.S. 246 WEST COLLEGE STREET DIPLOMA}E AMERICAN BOARD SUITE 302 OF NEUROLOGICAL SURGERY COVINA, CALIFORNIA 91723 TEL. 966-1795 September 30, 1982 R. L. Kautz & Co. 17870 Skypark Circle Irvine, Ca 92714 Attn$ Sherri Wilcox Dear Mrs. Wilcox, Rei Patera, Stanley D/I, 11/14/81 Emps City of Azusa pilot 0972-81-0003 Mr. Patera returns to the office on September 29, 1982 for another neurosurgical evaluation. Since he was here, he has contin- ued to do well as far as his arms as concerned. He still has a lit- tle numbness in the tips of the index,finger and thumb, but no other sensory changes. He still continues to have discomfort in the trapezius areas, with any activity out of the ordinary. Neurosurgical examinations reveals no definite sensory changes except for the tips of the fingers. The deep tendon reflexes are hypoactive but eo_ual in the bicep's areas, I am unable to obtain tricep's reflexes on either side. The grip on the right is 90 kgs. as compared to 80 kgs. on the left. The range of motion in the neck is improving, but isatill lim- ited, particularly upon extension, but on lateral turning of the bead and neck it is good. DISCUSSION$ The x-ray reveals the fusion at C5,6 to be solid, C6,7 still reveals a lucency. I am getting some flexion-extension views which I will over -lap to see if there is any movement at this level. I want to see him back in about 1 month. As mentioned, he is doing well except for the discomfort in the trapezius areas that is aggravated by increased activities. Thank you again for allowing me to see this patient for neuro- surgical evaluation and treatment. mr.R/mm Sincerely, 14. Rare, k4,D,