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RESOLUTION NO. 752
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS
HILLS URGING PASSAGE OF CORRECTIVE LEGISLATION IN THE
MATTER OF A CALIFORNIA COURT OF APPEALS 1972 DECISION
REGARDING DISABILITY PAYMENTS TO A FIREMAN WHO SUSTAINED
HEART TROUBLE 15 MONTHS AFTER DATE OF RETIREMENT
WHEREAS, in 1972 a California Court of Appeals decision held a
city liable for payment of temporary and permanent disability to a
fireman who sustained heart trouble 15 months after his date of
retirement (Soby vs. WCAB, 26 C.A. 3d 555) ; and
WHEREAS, since this Soby decision., similar cases are being filed
with the Workmen' s Compensation Appeals Board; and
WHEREAS, the potential financial impact of the Soby decision on
Public Agencies, whether insured through State Compensation Insurance
Fund or self insured, issignificantsince a public safety employee,
or his dependents, could file for Workmen' s Compensation Benefits at
any point following retirement whether the retirement was caused by
industrial disability or completion of service; and
WHEREAS, Assembly Bill 1544 (introduced in the 1973 session to
limit this liability) was not passed;
WHEREAS, Assembly Bill 2119 was amended January 21, 1974 , to
carry desired corrective statutory language;
NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
does hereby urge each State Legislator to vote for the passage of
AB 2119.
BE IT FURTHER RESOLVED that the City Clerk of the Town of Los
copy Hills is hereby directed to transmit a certified of this
Resolution forthwith to the respective State Assemblyman and State
Senator for the respective districts from which the Town of Los Altos
Hills is situated.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted at a regular-. meeting of. the City Council of the Town of
Los Altos Hills held on the 20th day of February, 1974 .
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City, Clerk_
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