11-04-2015 Disability Hearing THE CITY OF OCOEE POLICE OFFICERS' /FIREFIGHTERS'
RETIREMENT FUND BOARD MEETING — NOVEMBER 4, 2015
Chairman Brown called the special meeting of the City of Ocoee Police Officers' /Firefighters'
Retirement Trust Fund to order at 3:00 p.m. in the Commission Chambers of City Hall. The roll
was called and a quorum declared present.
PRESENT: Charles Brown, Joe Moy, William Maxwell, Brian Pace, and Bill Wagner
OTHERS PRESENT:
Disability claimant Eric Collado, Stuart Cohen counsel for the claimant, H. Lee Dehner Fund
Attorney and Pete Prior of Benefits USA
ABSENT and EXCUSED:
CALL TO ORDER —
Roll call and determination of quorum
Roll call was taken and it was determined that there was a quorum.
PUBLIC COMMENTS
There were no public comments at this time.
NEW BUSINESS
Eric Collado Disability Hearing
Attorney Dehner addressed the board regarding the rules of the disability hearing noting that it is
an informal hearing. It was noted that the claimant has submitted all the documents required to
continue the hearing. First the boards' decision must be based on substantial and competent
information, the Board must determine if the disability is total and permanent and if it was job
related. To receive the benefit, the claimant must provide competent information that the injury
was job related, it is total and permanent. Attorney Dehner reviewed the presumption clause in
the plan for the members and the requirements of the presumptions versus that of state law. It
was noted that age 10 of the ordinance refers to the use of drugs, intoxicants, or narcotics.
Attorney Stuart Cohen addressed the board on behalf of Eric Collado, the claimant for the
disability. Mr. Cohen noted that his client is not happy being here before the board as he would
like to continue his career with the police department. He was with the police department for 9.5
years but his doctors have advised that he can no longer continue in the capacity of his position.
Mr. Cohen also directed the board to the decision regarding the worker's compensation claim
affirming that the claimant is entitled to receive worker's compensation.
Mr. Cohen said that the claimant sustained an injury diagnosed as a viral cardiomyopathy with a
right bundle branch block with no explanation as to how he contracted the injury but suggests
that he could have easily contracted it on the job but there is no way to know for sure. It was
noted by Mr. Cohen that the cause of the injury is undetermined and there is no indication in the
record that there is anything else to contradict the presumption.
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Mr. Cohen reviewed the documents regarding the use of alcohol (beer) and noted that the
claimant does not fit the category of an alcoholic and in fact, one doctor states that consumption
of alcohol could benefit heart patients as it acts as a vasodilator of the arteries. Mr. Cohen noted
that his client can exercise but is limited, he has a defibrillator, and he has been determined by
his employer as a liability to the department.
The Chairman asked the trustees if they have any questions for the claimant. The Chairman
asked Attorney Dehner what the first question was to answer. Attorney Dehner said that the
board can determine if it is job related.
Is the injury total and permanent?
Trustee Moy moved to find that the member injury is total and permanent. Trustee Wagner
seconded the motion for discussion. Trustee Maxwell would like to excuse himself because he
has not had enough time to review the document. Trustee Wagner noted that the claimant was
terminated by the employer because he could not perform the duties of a police officer. The
motion passed affirming the injury was total and permanent 4 -0.
The Chairman now asked if the board believes that the injury complies with the presumption
clause. Trustee Wagner moved to agree that the injury complies and Trustee Pace seconded the
motion. The motion passed.
The Chairman asked the board if the injury was sustained in the line of duty. Trustee Pace
moved to agree that the injury was sustained in the line of duty by clear and substantial evidence.
Trustee Moy seconded the motion for discussion. Trustee Pace noted that the claimant has had
EKG's in the past before the injury with no indication of any heart problems. The motion passed.
After a lengthy discussion the Board granted the job related disability to Mr. Collado. Attorney
Dehner noted that he will complete the appropriate paperwork and Benefits USA will contact the
actuary to prepare the calculation for the member.
NEXT REGULAR MEETING DATE: FEBRUARY 3, 2016 AT 1:00 PM.
ADJOURNMENT
The meeting was adjourned at 4:00 pm.
'Respectfully submitted by,
1.1
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.n h.. lie Brown
Co i the City Clerk's Office to listen to t n elc Ironic copy of the complete minutes.
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