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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />that such disability did not result from an injury which is <br />the direct consequence of a violent act perpetrated upon the <br />member or did not occur during the performance of those portions <br />of the member's duties which are particularly hazardous and <br />dangerous, and neither said Dennis P. Gainey nor the City of <br />Colton has applied to the Workers' Compensation Appeals Board <br />for a determination pursuant to Section 21026 whether such <br />disability is industrial; and <br />BE IT FURTHER RESOLVED that the member will be <br />separated from his employment in the position of Police Officer <br />under the provisions of Section 21025.4, Government Code, <br />effective July 31, 1987 and that no dispute as to the expiration <br />of such leave rights is pending; and <br />BE IT FURTHER RESOLVED that the member has been <br />offered vocational rehabilitation and that such documentation <br />regarding the employee's decision will be provided when <br />rendered; and <br />BE IT FURTHER RESOLVED that at this time there is <br />not a possibility of third party liability present; and <br />BE IT FURTHER RESOLVED that the City shall provide <br />advanced disability payments in the amount of $1058 per month <br />commencing September 1, 1987. PERS reimbursement for these <br />advanced disability payments shall be sent to: <br />City of Colton <br />650 North La Cadena Drive <br />Colton, CA 92324 <br />PASSED, APPROVED AND ADOPTED this 21st day of July, 1987. <br />