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