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1 applied to the Workers' Compensation Appeals Board for a determination pursuant to Section <br />2 21026 whether such disability is industrial; and <br />- 3 <br />BE IT FURTHER RESOLVED that the member is separated from his <br />4 , <br />5 employment in the position of Firefighter Specialist after expiration of his leave rights under <br />6 Section 21025.4, Government Code, effective December 15, 1997 and that no dispute as to the <br />7 expiration of such leave rights is pending; and <br />8 BE IT FURTHER RESOLVED that there is not a possibility of third parry <br />9 <br />liability; and <br />10 <br />BE IT FURTHER RESOLVED that Advanced Disability Pension payments <br />11 <br />12 will be made in the amount of $1,317 per month indefinitely. The first payment for the period <br />13 December 15 through December 31, 1997 will be $722. <br />14 BE IT FURTHER RESOLVED that the primary disabling condition is <br />15 <br />orthopedic. The member is competent to act on his/her behalf in legally binding retirement <br />16 <br />17 matters; and <br />18 PASSED, APPROVED AND ADOPTED this l0h day of December, 1997. <br />19 <br />20 <br />Karl E. Gaytan, Mayor <br />21 <br />22 <br />ATTEST: <br />23 <br />24 <br />25 Carolina P. Barrera, City Clerk <br />\amfs\word\agenda\retirereso,doe <br />26 <br />27 <br />28 <br />