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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />211 <br />BE IT FURTHER RESOLVED that, at this time, the City Council finds and <br />determines that such disability is non -industrial and acknowledges that Police Officer Mark <br />J. Schultehenrich's industrial disability retirement claim is currently pending. Presently, <br />neither Mark Schultehenrich nor the City of Colton has applied to the Worker's <br />Compensation Appeals Board for a determination, pursuant to Section 21166, on whether <br />such disability is industrial. It is not known, at this time, if the member will make such <br />application; and, <br />BE IT FURTHER RESOLVED that the member will be separated from his <br />employment pursuant to Government Code Section 21163 on August 17, 2003, at which <br />time he will have exhausted all of his entitlement to sick leave. It is understood that the <br />effective date of retirement may be impacted by a determination of the Worker's <br />Compensation Appeals Board, pursuant to Government Code Section 21166; and, <br />BE IT FURTHER RESOLVED that there is no possibility of a third party liability; and <br />BE IT FURTHER RESOLVED that the primary disabling condition is orthopedic. <br />The member is competent to act on his behalf in legally binding retirement matters. <br />PASSED, APPROVED and ADOPTED this 18th day of March 2003. <br />DEIRDRE H. BENNETT, Mayor <br />ATTEST: <br />CAROLINA P. BARRERA, City Clerk <br />03/13/03 <br />031803 Reso Mark Schultehenrich 031803.doc <br />Page 2 of 2 <br />