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Clermont Fire 04-26-2019 Informal Disability Minutes signedCity of Clermont Minutes FIREFIGHTERS PENSION BOARD OF TRUSTEES INFORMAL DISABILITY HEARING APRIL 26, 2019 The Firefighters Retirement Plan Board of Trustees met on April 26, 2019 in Council Chambers at the Clermont City Hall. Firefighters' Board Members present: Adam Watkins, Ryan Moore, Judd Lent, Jim Purvis, and Judi Proli. Attorney Bonni Jensen was present. Staff members present: Finance Director Van Zile and Benefits manager Nadine Oblinger. Firefighter Joseph Sawyer and his attorney Mike Clelland were present. Plan Administrators Scott Baur and A.C. Lovingood were present 1. CALL TO ORDER Chairman Judd Lent called the meeting to order at 10:20 AM. 2. PUBLIC COMMENT There was no public comment. 3. INFORMAL DISABILITY HEARING: Joseph Sawyer Opening Remarks —Attorney Bonni Jensen Attorney Bonni Jensen opened the meeting with an explanation of the disability process since this is the Board's first disability case. In most disability cases, the burden of proving disability lies on the Claimant. Typically an application is filed for disability accompanied by a letter from a physician stating the Claimant can no longer perform the role of a Firefighter. Attorney Jensen's Firm then sends out a questionnaire to gather specifics, such as a list of healthcare providers the Claimant has seen and copies of medical authorization forms. This authorizes the Firm to set the Claimant up with an Independent Medical Exam, this is to confirm and explore the Claimant' health and disability. Today is the initial hearing to look at the medical records provided, review the Independent Medical Examination Report, and to grant or deny the Disability Pension to Firefighter Joseph Sawyer. The Board has three options: 1. Criteria for disability are established, and the Claimant is eligible to receive his disability pension active as of today, April 26, 2019. 2. Criteria and eligibility is denied. 3. Criteria are questionable, further information is needed, allowing for a recess and the Disability Hearing at another date leading to a Final Evidentiary hearing. Attorney Jensen then reviewed the city ordinance defining what in -line disability and general disability are defined as. Attorney Jensen stated that when the term disabled is used, it is defined by the job description of the Firefighter and his or her ability to perform their job. If the Firefighter is unable to perform all of the duties listed, then the Firefighter is deemed disabled. She went on and explained that in -line disability is when the Firefighter is injured while at work and general disability is defined as having an injury that took place outside of work. Attorney Jensen proceeded to review the conditions City of Clermont Minutes FIREFIGHTERS PENSION BOARD OF TRUSTEES INFORMAL DISABILITY HEARING APRIL 26, 2019 that would disqualify a member from obtaining their pension, which includes the abuse of drugs and or alcohol and committing a criminal offence listed within the ordinance. Attorney Jensen then reviewed the Independent Medical Review of Firefighter Sawyer with the Board of Trustees noting that the disability claim is Post Traumatic Stress Disorder (PTSD) from Mr. Sawyer performing his duties as a Firefighter. Mr. Sawyer was diagnosed by multiple doctors with PTSD and the details of Mr. Sawyer's multiple treatments between 2014 and 2018 were reviewed. It was noted that there were several instances where alcohol abuse was mentioned in accordance with his PTSD treatment. The Board inquired how they should address the instances of alcohol abuse due to the ordinance provisions that could possibly disqualify Mr. Sawyer from receiving any benefits. Attorney Jensen stated that it is a difficult decision and the doctor hired for this disability case gives guidance to this particular issue; however it is not an easy question to answer. Additional Remarks — Mike Clelland. Claimant's AttorneV Attorney Mike Clelland informed the Board that the City's Workers' Compensation Insurance picked up the case without an issue, mentioning Florida State Statue 112.1815 which states that under certain circumstances, PTSD suffered by a first responder is an occupational disease compensable by workers' compensation benefits. Attorney Clelland also stated that his client utilized all of the programs available to him via workers compensation and the physician assigned to his case, Dr. Figaroa stated that Mr. Sawyer's PTSD is related to his Job as a Firefighter. Joseph Sawyer addressed the Board of Trustees and gave the Board a summary of his situation. Mr. Sawyer went into detail about specific situations that triggered his PTSD, what it felt like for him, and what treatments he has gone through. Mr. Sawyer did address his drinking and stated that he did not drink daily and that it did not have an effect on his ability to do his job, if it had effected his ability to do his job, he would not have earned the rank of Lieutenant within the department. Discussion Judd Lent stated that with the complexity of the disability case, he believes that the vote should be broken down into three pieces. If Mr. Sawyer is totally unable to render useful and efficient service as a Firefighter. If Mr. Sawyer is permanently and totally disabled, and if the disability occurred in the line of duty as a Firefighter. Jim Purvis made a motion to find Mr. Sawyer totally unable to render useful and efficient service as a Firefighter. The motion was seconded by Judd Lent. The Board passed the motion 5-0. City of Clermont Minutes FIREFIGHTERS PENSION BOARD OF TRUSTEES INFORMAL DISABILITY HEARING APRIL 26, 2019 The Board discussed in detail if Mr. Sawyer is totally and permanently disabled from performing his job as a Firefighter. Jim Purvis made a motion to find Mr. Sawyer Totally and Permanently disabled. The motion was seconded by Ryan Moore The Board passed the motion 5-0. The Board discussed in detail if Mr. Sawyer's disability occurred in the line of duty as a Firefighter or if the disability is non duty related. Jim Purvis made a motion to find the disability occurred in the line of duty as a Firefighter. The motion was seconded by Judd Lent. The Board passed the motion 4-1. Resource Centers will send the information to the Actuary and Mr. Sawyer's benefits will start with an effective date of April 26, 2019. 4. OTHER BUSINESS There was no other business to discuss. S. NEXT QUARTERLY MEETING The Board previously scheduled the next quarterly meeting for Wednesday, May 22, 2019 at 11:00 AM 6. ADJOURNMENT Seeing there were no further comments by any attendees, the meeting was adjourned at 11:30 AM. ;z - Jim Purvis, Secretary �/