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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. Page 1 of 2 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 � G/ l✓ .n h.. lie Brown Co i the City Clerk's Office to listen to t n elc Ironic copy of the complete minutes. Page 2 of 2