For City Council Meeting July 22, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Shama P. Curian, Director of Human Resources & Risk Management
Title
Request City Council to Adopt Resolution No.8374 Approving the Industrial Disability Retirement of John Hollander and Adopt Resolution No. 8375 Approving the Industrial Disability Retirement for Donna Crow.
Body
RECOMMENDATION:
Staff recommended that the City Council:
1) Adopt a Resolution approving the Industrial Disability Retirement for John Hollander, and;
2) Adopt a Resolution approving the Industrial Disability Retirement of Donna Crow.
BACKGROUND
John Hollander is a 54-year-old Fire Engineer/Paramedic hired on June 11, 2007. Mr. Hollander has two workers’ compensation claims that have been accepted and determined to have arisen out of employment with the City of Rialto.
On November 16, 2021, Mr. Hollander sustained an injury to his lower back while reaching over a gurney to assist a patient, at which time he experienced a sharp pain. Subsequently, on February 5, 2022, he suffered a right shoulder injury while lifting and carrying a patient using a sheet to transfer the individual to a gurney located outside. During the lift, while holding the sheet near the patient’s hips, he experienced a burning sensation accompanied by pain in his right shoulder. Both claims were accepted as being industrial and arising out of the course of performing his usual and customary duties as a Fire Engineer.
An MRI of Mr. Hollander’s lumbar spine was performed on December 23, 2021, revealing multilevel disc bulging and moderate to severe facet arthropathy. He underwent conservative treatment, including physical therapy, and continued working regular duty. His initial treating physician, Dr. Wood, did not recommend surgery. On April 5, 2022, Mr. Hollander was evaluated by Dr. Chon for his back, and was diagnosed with osteoarthritis of the lumbar spine. He was then placed off of work. On December 2, 2024, Mr. Hollander was examined by Independent Medical Examiner (IME), Dr. Fleming, who concluded, within reasonable medical certainty, that he is substantially incapacitated from performing the essential duties of his position as a Fire Engineer due to his lumbar spine injury. Mr. Hollander filed an Industrial Disability Application with the California Public Employees’ Retirement System (“CalPERS”).
Donna Crow is a 60-year-old Police Officer that was employed with the City of Rialto for nearly 20 years. Ms. Crow has two workers’ compensation claims that have been accepted and determined to have arisen out of employment with the City of Rialto.
On May 12, 2018, Ms. Crow filed a workers’ compensation claim for injuries to her left hip and left knee that she sustained when she tripped over a metal speed bump. On May 1, 2022, she submitted an additional workers’ compensation claim for injuries to her neck, back, left hip, left shoulder, left knee, and left ankle sustained while making an arrest. Both claims were accepted as being industrial and arising out of the course of performing her usual and customary duties as a Police Officer.
Ms. Crow was initially evaluated by Dr. Patrick at Kaiser and was taken off of work around May 17, 2022, due to her back injury. She did not return to work since that time. She subsequently came under the care of Dr. Chon, a spine specialist at Kerlan-Jobe, who referred her for chiropractic treatment and acupuncture. Despite attending approximately fifteen sessions, she did not experience significant or lasting improvement. Dr. Chon later recommended surgical intervention for her cervical and lumbar spine conditions; however, Ms. Crow indicated that she preferred to avoid surgery. On September 19, 2023, she was evaluated by Independent Medical Examiner (IME) Dr. Hardy, who determined that she had reached maximum medical improvement for both her cervical and lumbar conditions and concluded that medical retirement was appropriate.
ANALYSIS/DISCUSSION
For Local Safety Members enrolled in CalPERS, California Government Code 21156 sets forth the criteria for the City Council to decide that a public employee is incapacitated physically or mentally for the performance of their duties and is eligible to retire based on their disabling condition.
In accordance with the California Public Employees’ Retirement Law (“PERL”), a local safety employee qualifies for an IDR if they 1) are determined, on the basis of competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of their position, 2) the disability is permanent or of an extended and uncertain duration, and 3) the cause of the injury or illness is industrial, arising out of and in the course of employment.
In accordance with CalPERS guidelines, as soon as it is believed that an employee is unable to perform their job because of an industrial injury or illness that is expected to be permanent or of an extended and uncertain duration, the employee (or the employer on their behalf) should submit an application for an IDR.
Mr. Hollander exercised his option to file for an IDR on August 21, 2024, based upon medical findings from the IME that he has reached Maximum Medical Improvement (MMI) and is substantially incapacitated from his usual and customary duties as a Fire Engineer.
Ms. Crow exercised her option to file for an IDR on May 2, 2023, based upon medical findings from the IME that she has reached Maximum Medical Improvement (MMI) and is substantially incapacitated and is unable to perform the usual and customary duties of her position as a Police Officer.
Considering the above, the City’s Workers’ Compensation Attorney, Dave Thomas believes that the city has all the information necessary to determine that Mr. John Hollander to be industrially disabled from his position of Fire Engineer/Paramedic and Donna Crow to be industrially disabled from her position of Police Officer in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability and all CalPERS to process his IDR application.
ENVIRONMENTAL IMPACT
This request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378 (b) (5) a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
“Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.”
LEGAL REVIEW:
The City Attorney has reviewed the resolutions and approved them as to form.
FINANCIAL IMPACT:
Operating Budget Impact
This action has no impact on the operating budget.
Capital Budget Impact:
This action has no impact on the Capital Budget.