Loading...
HomeMy WebLinkAboutMinutes Fire Pension 072020 Special MeetingCITY OF PALM BEACH GARDENS FIREFIGHTERS' PENSION BOARD OF TRUSTEES INITIAL DISABILITY HEARING MINUTES City Hall, Council Chambers 10500 North Military Trail Palm Beach Gardens, FL 33410 Monday, July 20, 2020, at 1:OOPM TRUSTEES PRESENT: Ed Morejon Rick Rhodes Jon Currier Frank Spitalny Eric Bruns TRUSTEES ABSENT: None OTHERS PRESENT: Michelle Rodriguez, Foster & Foster Pedro Herrera, Sugarman and Susskind Janet Rudd, Member of the Plan Jeff Rudd, Member of the Public 1. Call to Order— Rick Rhodes called the meeting to order at 12:59 pm. 2. Roll Call — As reflected above. 3. Public Comments — None. 4. Initial Disability Hearing a. Pedro Herrera explained the initial disability hearing process and commented it was no less important than a full hearing. Pedro explained a full hearing was akin to a trial, but it was more time consuming and expensive, so that was why an initial disability hearing was done first. b. Pedro Herrera advised the Board at the end of the hearing they could take one of three actions; grant the disability application, deny the disability application or, if they felt they needed more information, they could defer making a choice until a later date. c. Pedro Herrera explained if the Board denied the disability application, the applicant had 30 days to appeal their decision and a full hearing would then be conducted. If the disability was denied at the full hearing, the applicant would have one last opportunity to appeal the decision to the circuit court. d. Pedro Herrera asked Janet Rudd if she was represented by an attorney and she confirmed that she was not. e. Pedro Herrera advised the Board they needed to answer the following five questions when making their determination: i. Is the disability permanent? ii. Is the disability total? iii. Is the disability service related? iv. Has the applicant reached Maximum Medical Improvement (MMI)? v. Is the applicant able to render useful service as a firefighter? f. Pedro Herrera commented the evidentiary standard in this situation was the preponderance standard, which meant the applicant must prove there was a greater than 50% chance that their claim was true. g. Janet Rudd reviewed the circumstances of her injury which caused her to have neck and low back pain with intense muscle spasms. Janet explained she reported her injury to her Station Captain and Battalion Chief on December 3, 2018. h. Janet Rudd stated her employment from the City was terminated on December 6, 2019 for medical reasons. i. Pedro Herrera advised the Board when an employee was terminated from employment for medical reasons, it was then presumed the disability was total. j. The Board discussed the grievance process of the current CBA and determined it did not provide for a grievance process. k. Janet Rudd commented she experienced headaches, insomnia and muscle pain. Janet stated she had been in treatment for over a year and had been advised by several doctors that her medical condition would not improve anymore. I. Ed Morejon stated questions #1 and #3 had been proven to be true. m. Pedro Herrera advised the Board they only needed to answer questions #2 and #4 as question #5 was a culmination of the previous four. n. Jon Currier asked Janet Rudd if there was any improvement in her symptoms and Janet commented there was not. Janet added although she continued her therapy, she still could not run or work out like she used to, and her injuries affect all aspects of her life. o. Frank Spitalny asked Janet Rudd to explain why her Worker's Compensation (WC) was denied. Janet stated her attorney told her the Division of Workers' Compensation had an investigator follow her, and she was filmed carrying things from her truck to her house. Janet added that she did have a 10-pound weight limit, but she did not think she carried anything that exceeded that limit. p. Pedro Herrera asked Janet Rudd if she was appealing the WC denial and Janet stated she was not. q. Ed Morejon asked if the WC denial was relevant to the Board's decision today. Pedro Herrera commented it was relevant and the Board should take all information into account. r. Pedro Herrera asked Janet Rudd about her treatment from Dr. Rubinstein for a back injury sustained in 2001. Janet stated the treatment she received was for general aches and pain and not a specific injury. s. Pedro Herrera asked Janet Rudd to review her prior workplace injury that was treated by orthopedic surgeon Dr. Waeltz. Janet stated she hurt her back when a fire truck she was riding in hydroplaned on a wet surface and crashed. Pedro asked why Dr. Waeltz recommended that she transfer to a different doctor. Janet stated she did not think he was a very good doctor. t. Rick Rhodes commented the MRI, which was interpreted by numerous doctors and radiologists, indicated bulging and herniated discs which were acute and recent. u. Eric Bruns asked Janet Rudd if she felt any of her treatments had a negative impact on her recovery. Janet stated the spinal injections were very painful and added she did not feel that any of the other treatments helped. v. Eric Bruns asked if there was a specific treatment required by the City after an injury. Pedro Herrera said there was not and added Janet Rudd's preemployment screening indicated no preexisting conditions. The Board voted to approve an In -Line -of -Duty Disability Retirement to Janet Rudd upon motion by Ed Moreton and second by Eric Bruns motion carried 5 0 w. Jeff Rudd asked what would happen to Janet Rudd's disability benefit if it was determined she was no longer disabled. Pedro Herrera explained her disability benefit would stop and be converted to a normal retirement benefit. x. The Board discussed the effective date of the benefit and agreed by consensus that it would be the first day of the month after the disability application was received. Michelle Rodriguez explained that a member could not receive a benefit while they were still on the payroll and asked the Board to amend their decision to the first day of the month after termination. The Board agreed to the amended interpretation of the Ordinance. The Board voted to make the effective date of Janet Rudd's benefit JanuarV 1 2020 u on motion by Ed Moreton and second by Eric Bruns; motion carried 5 0 2 y. Pedro Herrera explained there was an offset provision in the Ordinance that prevented a disability retiree from receiving more than 100% of their pay as an active firefighter between their disability retirement benefit and monthly WC benefits. Pedro asked Janet Rudd to send her WC agreement to the administrator. z. Frank Spitalny asked if the Board should provide disability insurance to the firefighters. Pedro Herrera said they would need to get a quote from an insurance broker and added disability insurance for first responders was generally very expensive. 5. Adjournment — The meeting was adjourned at 2:16 pm. 6. Next Meeting — July 29, 2020, at 1:00 pm. Respectfully submitted by: Rp,d by YV5 era Feketa, Plan Administrator Rick Rhodes, Chairman Date Approved by the Pension Board: 1.? QZ,b