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05-31-1994
_! ..F.:! ?•.. ?.' I:f? Y '`'E i.?'5 ?rS. ,t.•.,.?if ..i 'f I C ,.'Y,. .If{;". '. Y: .I.,. `.5 ,! . , r tr .of ) •; .S,r` ,. ? 1%', , F: ';' .' t '.' 'rEr,_s• '' r;7.'''; ' ;,.r,s ,'t.-' :i.. rr.J}..%-'.n?,),.?t... tyro w. i% ! ?'• s?fr "!? ';?.vtS 3?,?? „1 ,y, •CfY i E• V.F ?,, .; ,! rs ;' '?(?.. 's i;? '.Y? f Lri, :'f,', i •.i 1.. 1. ??r? ?ti'??'?? sF?t .t;?^r ?. ?4.I .+r, ;?'? ?a'?r:?-`s"' =:A's ?f'. siy?•_' ,?s:'• ,i e.:.'. {:,'r a:''?ft=?'{' ?! t.. 's +?yit_ ;F pt{. t ,-'Y' ': ?I ?' 'r: •I '1 _! '3'w.Z T1, ;f. ?{.. .I?:,z .i?,= •. •i„: i'U f. ._? ;`i ?. A f. 1•; '?'t'e.C F?.3 4. V'' 4` ?r „t;.<`. °`s ; { Jf. .{?..., . y y; ?,?•' LeP 'Y i•'.Ifi .r, {.,Y piv. 'e r ,I• •?c: r' :?. 51 .1? f, ,r. J'' •''t 9 .'7: fx t? ?, r'c`: r. ?r' . 1. 'i? '6' y?'•' • ?Ft`- «j,' ,rf-:: ;' ? rr: t ..? , +, t r'. {t ..h'-`i; ,1' ,+?. : ? e r``3 : ???i:'d'o .i, f.l-E-" : p. •.! . c} . "a. tr .r. 7'' .4 .•7' .r"r• :rF .? 3ar, •r?.: ',fra?. , 1.:'...<•• . ,F?..st:. . , ,•T , '+ '',a+r(r?.'•5 ,. •'.r•,'z:, - ? y.ei'',•' t. ,. ,. Ag'enda/,Pe'n'sio, ?5 3,.1..'94 , I ??• ? ? ? ? ? X91 "?5•^?.C?1-1s?;3^?iqq•pjlf?;i a s' ''f : i• ',s .r,.r...+.(,,€I. `t: .E.. .g. %t:':I" r^ *?? '{'Is`" ';?' •k'. :t7.r,55i: 'F +?. .'? :F#. ;':}.:+? ry', ,s. ,s, •t in .z, >z', j.: '_;. .I''• , ??..{x.?UI;'.:f 41'. .'s,. ???.. .t'. si., :N1. 'qa., •,.? ,j. t`•` .J".'4':' "i.':i:: '4":: 'Y:? .. ?Ii ? ? ? ., ., .. ACTION AGENDA Board of,Truste'es of t6 Employees' Pension Fund ;r Tuesday, May 31, 1984 '9:OO A.M.' 1. Call,to order 1. 9:04 a.m. 2. Approval-of Minutes 2. Approved as submitted. of 5116194 '3. Request for acceptance 3.: -Approved. : into membership: • ' a). Michael England b) Laura Spellman ; C) Sharon f=isher d) J. Christopher Brown , . e) John Witkowski a f? Jimmy Wrenn g)' Adam Athan . h) Jennifer Tudor. i) David Roberts . j) Gregory A. Smith k) Geraldine Blakley " 4. Regular Pension to be granted: , 4'. Approved. . Bruce Bechtel 5.', Other Business: 5. a) Approved. a) Job-Connected Disability Pension - Donald McMullen .6. ' Adjournment: 6. •' 9:34 a.m. • f • , e 1 i TRUSTEES OF THE EMPLOYEES' PENSION FUND Item # . Meeting Date: 5JaJJQ.4 Agenda Cover Memorandum ' Subject: Membership in Employees' Pension Plan Recommendation/Motion: Employee(s) listed below be accepted into the Employees' Pension Plan as recommended by the Pension Advisory Committee. . ? and that the appropriate officials be authorized to execute same. BACKGROUND: S Michael England, Marine Facility Oper. Laura Spellman, Police Recruit 11 Sharon Fisher, Staff Asst. I J. Christopher Brown, Irr. Ser. Wkr. I John Witkowski, Building Inspector I Jimmy Wrenn, Equipment Oper. II Adam Athan, Equipment Oper. I Jennifer Tudor, Library Asst. I David Roberts, Irr. Ser. Worker I Gregory A. Smith, Police Recruit II Geraldine Blab ley, WWTP Oper. B Seniority Pension Dept./Div. D= Effective Date Marine 11/29/93 4/18/94 Police 5/31194 5131194 Police 4/18194 4118194 Parks & Rec. 4/ 1 8/94 4/ 18194 Central Perm. 4/ 1 8/94 4/ 1 8/94 Pub. Wks./Pub. Ser. 4/ 18194 4/ 18/94 Parks & Rec. 512194 5/2/94 Library 4/18194 4/18194 Parks & Rec. 4118194 4118194 Police 5131 /94 5/31 /94 Pub. Wks./WPC 512194 ' 512194 Page Reviewed by: Originating Dept: Costs: Human Resources Total Legal , NA Budget NA Purchasing NA User Dept.: Current FY Risk Mgmt. __NA CIS NA Funding Source: ACM Advertised: ? Capt. Imp. Other NA Date: ? Operating Paper: ? Other Not required Submitted by: Affected parties Appropriation Code: ? Notified ® Not required Man Commission . Action: ? Approved ? Approved w/conditions ? Denied ? Continued to:- Attachments: Letter(s) ? None M {!i{ S CITY OF CLEARWATER ' r., EMPLOYEES' PENSION PLAN PENSION' ADVISORY, COMMITTEE TO-' Pension Trustees FROM: Pension Advisory Committee f SUBJECT: , Recommendation for Acceptance, into Pension Plan DATE: May. 4, 1994 As Trustees of the City of Clearwater' Employees' Pension Fund, you are' hereby notified that the employee(s) listed below have been duly examined by .a local,' physician and each has- been z designated as a "first class risk". These employees are eligible for pension membership as noted in the Pension Eligibility Date column below, and - it is the recommendation of the. Pension Advisory Committee that , they be accepted into membership'. ' Name.Job, _Clns5' & ,gglit„/Div. Michael England, Marine Facility Operator, Birth, Date Marine Department 1 /3 015 8 *Employee hired from permanent part-time- to full-time permanent status. Hire date reflects date hired as permanent part-time. Laura Spellman, Police Recruit II Police Department 8128/66 Sharon Fisher, Staff Assistant I, Police Department 2120146 T Christopher , Brown, Irrigation Service Worker I, Parks & Recreation Department 5/1/57 John Witkowski, Building Inspector 1, Central Permitting Department 9/26/55 Jimmy Wrenn, Equipment Operator II, 10/15/49 PW/Infrastructure/Public Service Adam Athan, Equipment Operator I, 5 / 6 / 6 5 Parks Recreation Department Jennifer Tudor, Library Assistant I, 118169 Library David Roberts, Irrigation Service Worker I, Parks & Recreation Department 6/18/57 Gregory A. Smith, Police Recruit II, 5/21 /67 Police Department Geraldine Blakley, WWTP Operator B, 415161 PW/Water Pollution Control t E 11 Hire Date 11/29/93 5131 /94 411 8194 4/ 1 8194 411 8/94 4/ 1 8194 5/2/94 411 8194 4118194 5/3 1 /94 5/2194 Pension Elig. 4/18/94* 5/3 1194 411 8/94 4118/94 411 8194 411 8194 5/2194 4118/94 4/ 18/94 513 1194 512194 r TRUSTEES OF THE EMPLOYEES` PENSION FUND a ` Agenda Cover Memorandum Subject: Pension to be Granted. Recommendation/Motion: Bruce Bechtel, Tradesworker II, Building & Maintenance Division, General Services Department, be granted a regular pension under Sectioh(s) 2.396 of the Employees' Pension Plan as recommended by the Pension Advisory Committee. and that the appropriate officials be authorized to execute same. Item # Meeting Dale, 5131/.94 Bruce Bechtel, Tradesworker II; Building & Maintenance Division, General Services , Department, was employed by the City on August 13, 1973, and began participating in the Pension Plan on February 13, 1974. His retirement will be effective on May 14, 1994, at the beginning of the day. Mr. Bechtel's pension was approved by the Pension Advisory Committee at its meeting of May 4, 1994. Based on an average salary of approximately $31,999 over the past five years and the formula for computing regular pensions, Mr. Bechtel's pension will approximate $16,200 annually. Charts from Finance which take into consideration mortality rates and age reflect the "present value cost of financing" this pension will be approximately $142,413. Note: When Mr. Bechtel was originally employed, pension deductions were not taken for the first six months and employees contributed to Social Security. When employees were given an option to buy back their first six months of service, Mr. Bechtel chose not to exercise such option. Page Reviewed by: Legal NA Budget _ NA Purchasing - NA Risk Mgmt. RYA CIS , NA ACM Other NA _ .. ---- Submitted by: Manager Originating Dept: sts: $142.4.13 Commission Action: Human Resour? Total ? Approved ? Approved w/conditions User Dept.: Current FY ? Denied ? Continued to: Advertised: Date: Paper: ® Not required Affected parties ? Notified Not required Funding Source: ? Capt. Imp. ? Operating ? Other Pen ion Appropriation Code: 646-07410-530100-.85 Attachments: Letter(s) ? None Human Naeourcas Department Q 13146087/ } C UT .Y -OF C. L'E A R W A,T. E R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34810.4748 Tf? Honorable Mayor and Members of the City Commission as Trustees of the Employees' -Pension Plan FROM: Pension Advisory Committee COPIES: 'Debbie Bailey, Payroll Services Manager Employee's File ' SUBJECT: Regular Pension-Bruce Bechtel DATE: May 4, 1994 The Pension Advisory Committee received an application for regular pension from Bruce Bechtel on April 28, 1994. Ms. Bechtel was employed by the City on August 1 3 , 1973, and has been a participant in t h e Pension Plan since February 13, 1974. The amount of Mr. Bechtel's pension will be competed by the Finance Department at such time as his last five years of service and salary can be calculated. By motion made and duly carried at its meeting of April 20, 1994, the Pension Advisory Committee approved/recommended a regular pension based on years of service for Bruce Bec4l in accordance with . Section 2.396 of the City Code. This pension will be effective on May 1994, at the beginning of the day. I hereby certify that the Pension Advisory Committee has approved the granting of a regular retirement pension for Bruce Bechtel and the above dates are correct, ChairmanP sl , n Advisory Committee 'z to Employment and Affirmative'Aclio'n Employer' PENSION REQUEST F0RM I:. Bruce Bechtel _ do hereby apply for rctirement from ' the City of Clearwater General- Employees' Pension Plan. My benefits ..date is February 13, 1974 Y (Entry date into pension plan) My date of hire is August 13, 1773 My birthday is May 20, 1937 IMy job rlassificatian is Tradesworker 11 and I wort: General services Bldg. & Maintenance is the Department. Division., of y resignation date is Ma.- 13 , 1994 The type of pension for which I am applying is (check only one): x Regular Pension based on years of service Job-connected Disability Pension Non-job-connected Disability Pension Georgia Carol My spouse's name is: Dependent children under the age of 19 and residing its nay housebold are: (Frnt, Child's Full Hamel (Child's Date of dirttz? I hereby certify ail of the above to be true d correct: (Signature) 1 April ag , 1994 (Date) (Noukry Public) / NOTARY FU.;LIC. 3'iATw OF FLORIDA. MY COMiMI5SiON EXPi1IES; SEPT. 24. 19944 OONOLO TNRU NOTARY PUBLIC UNOLRWRATLRij 1. 1. . C. OPTION n1: Employees can receive a lump sum payment for vacation and holiday 'pay and 1/2 -of accrued sick- leave at the time of separation from the City. There will be no 817b deduction for pension from this lump sum payment nor will this amount count' as earnings in the calculation of the pension.- The last day of work will be the termination date and pension benefits will begin the following day. OPTION 1•• m2: Employe.- can. extend termination date by the time due ' (Only available ra fvr vacation, holiday pay, and lit of accrued sick. leave, employees, hired Termination date will be the Final day of extended time.. prior to 10111.90) Pension benefits will begin the following day; i M M Y 1 Y Y M M M M Y M M i Y N M M M Y . ¦ M Y E. Bruce Bechtel. an :moioyee of ' ho- City of Clearwater. Hereby, apply for pension benefits under the Genemi Employees' Pension Plan. I hereby certify that I fully understand the two options offered to me. I choose to retire using Option and wish my benefits to be calculated under this option. I understand that once this form is signed, my dec' irrevorrM ? E1TLOYEE S SIGNATUIZ,E:1_.' ? SOCIAL SECURITY 263-565472 VJ?iS?.SF-S: ' DDRLSS• y683 Pine Street SW Largo, FL • 34644 ` , NK \1 Xs5 n \ DATE- April _,2, 1994 ?•„'"i': {.?rl `,r ylr1l '`t' ,•. •?y ?'i:,. .V°1': ?A _ ,.., .rty:- ir.; 9.'..zc'.:I '., ''r. •i =. ai.r.t '. .?. ;i. .r`, .. ... • ECIf?.i.'?r]] MAY 2 3 1994 Cit?r? Ma er CITY. OF CLEARNT Interdepartmental Correspondence Sheet TO. Kathy Rice, Deputy City Manager FROM: ' H. Michael Laursen, Human Resources . Director COPIES: SUBJECT: Response of Robert G. Walker, P.A. DATE: May 2U, 1994 Attached for your information is ' a copy .of a letter,, from Robert. G. Walker, Esq., relating to the remanding of a job-connected • disability , pension from' the Trustees to the'' Pension , Advisory Committee. ' As you. will recall, . I drafted a response to Attorney Walker's letter of May 3rd to Mayor Garvey. Although there may be some difference of opinion as to what the Trustees were actually asking the - PAC to do with the remand (i.e. whether ', to review the case from a medical perspective' or determine if alternate employment could be. found for -him in some manner), I believe the process is working °in a manner which is directed at ensuring an appropriate resolution. Officer McMullen has had an Independent Medical Evaluation (IME) as required by the, Pension Advisory Committee following the remand of his case by the Trustees, Based on the IME, the Committee has again reviewed the McMullen case and h a s reaffirmed its approval of a j nected disability pension. An agenda item on this matter will be submitted ffafthe T ustees at the next available opportunity. MLldlf r, .V ROBERT G. WALKER, P.A. ATTORNEY AT LAW 1432 COURT STREET CLEARWATER, FLORIDA 34616-6147 TELEPHONE (813) 442-8683 FAX (813) 441-1895 MAY 19 1994 Mike Laursen, H.R. Director May 18, 1994 City of Clearwater P.D. Box 4748 Clearwater, Florida 34618 RE:. Disability Application of Officer Don McMullen Dear Mike: I appreciate your prompt response on behalf of Mayor Garvey. You make reference to my letter of May 4, but my records indicate I wrote' two letters -- one on May 3rd and a follow-up on May 6th, after I had listened to the taped record of the meeting in question. I don't know whether you are referring to my first letter or my second or to both - but I am responding assuming that by now you would have both in your possession. It was not my intention to suggest that Officer McMullen be decertified for medical reasons, although in my opinion that would occur if the Criminal Justice Standards and Training Commission (CJSTC) were to take action. Frankly, I have no idea whether they intervene in such matters, It wouldn't make much sense to me, because the disabled officer would be unemployable as a police officer anywhere in the state. CJSTC has its hands full just handling disciplinary decertifications. However, it is within the authority of that Commission to do so. I don't disagree that the Trustees have the right to remand a matter for further deliberation or to certify a question, where there is a question. However, that is not what happened in Officer McMullen's case. I know that PAC has directed an IME, and it was to have been performed yesterday -- with the results faxed to me today in time for the PAC meeting. It has not arrived as of this letter. The issue upon which I expressed concern had nothing to do with the procedures that were followed, but the reason that those procedures were followed. It was the intention of at least one commissioner, with strong support from a second, to delay Officer McMullen's case until a referendum could be held (with November being mentioned) to change the pension law. Someone on staff correctly observed that the law in effect at the time Officer McMullen's disability occurred would control the result in his case. I was not present at the meeting of the Board of Trustees, but I listened to the tape at least five times. I don't believe my impressions (as stated more thoroughly in my second letter) are in error. There was no question of whether the officer qualified for a disability pension. The only concerns were continuing his employment in some other capacity, or changing the disability pension law. I have the tape (and additional copies) if you would like to borrow it. E, May 18, 1994 - Page, 2 RE:' Don McM%jllcn Disability Pcnsion' If I felt that the city commission had clearly engaged in unlawful conduct, 1 would have taken action by now on behalf of the police union, in support of the officer. However, the matter was salvaged at the last moment by the action actually taken. 1 will, however, be watching with great interest the course of the application as it makes it way again before the Board of Trustees. I understand your position. I think you understand mine. We regard the disability pension as a benefit. - We know it is actuarially unsound and that changes have been recommended, and probably needed. The city must bargain for those changes in good faith with the unions, and the ultimate product' must be approved by the voters. In the meantime, perhaps the Board of Trustees can give some guidance to the Pension Advisory Committee so that disabled employees such as Bon McMullen are not punted around the field by various city agents who appear at times to be working a cross purposes. That is my impression of what has happened to Officer McMullen in the instant case. If the Trustees want 1ME's in certain cases, why don't they say so? If they require a minimum quantum of evidence to support a determination, set parameters. PAC and the employee shouldn't have to speculate about what is required to get a disability pension through on the first try. I appreciate your input into this matter. I know that you have the best interest of the city in mind. If you need any information or assistance from me, don't hesitate to ask. cc; Peter Fire, Pres., F.O.P. Lodge 10 Alan zimmet, Esq.. Pension Advisory Committee Chief Sid Klein Don McMullen RGWlnw1FOPIPENaONIMeMULLENltaur:en.02 Very truly yours, Robert G. Walker Attorney at Law I it ' f TRUSTEES OF THE EMPLOYEES' PENSION FUND -IL Agenda Corner Memorandum Item $1 5ckl.. Meeting Date: 5/31/94 _ Subject: Pension to be Granted Recommendation/Motion: Donald McMullen, Police Officer, Police Department, be granted a job-connected disability pension under Section(s) 2.397 and/or 2.399 of the Employees' Pension Plan as recommended by the Pension Advisory Committee. ? and that the appropriate officials be authorized to execute same. BACKGROUND: Donald McMullen, Police Officer, Police - Department, was employed by the City on June 30, 1986, and began participating in the Pension Plan on August 18, 1986. On May 7, 1993, lie injured his back in a police cruiser accident while working which is the basis for his request for this job-connected disability pension. Mr. McMullen has submitted letters from Dr. Brian Oliver, dated March 8, 1994; Dr. William Dodson, dated March 15, 1994, and February 14, 1994; Dr. H. B. Angstadt, dated February 25, 1994; a n d Dr. Joseph Sena, dated March 3, 1993; and an MRI report dated June 25, 1993, in support of h i s request for a disability pension. This pension will be effective at the expiration of his vacation and sick leave as prorated with Workers' Compensation. The letter from Dr. Oliver states, "The patient has suffered a low back injury associated with his work activity which is permanent in nature. The job requirements ...would not be able to be performed at an adequate level that would be required of a police officer. These activities in h i s current job could certainly make his medical condition worse." The letter from Dr. Dodson states, "The above captioned patient was involved in an accident on the job on 05/07/93 whose resultant injuries will prevent him from normal police patrol duties, such as repetitive lifting, bending, climbing, running, and jumping, permanently." The letter from Dr. Angstadt states, "...the patient is not a good candidate for further duty due to not having the ability to run, jump, bend forward for any excessive time and not to lift more than 20-30 lbs. at a time." Page Reviewed by: Legal NA Budget NA Purchasing -N-A Risk 141gntt. N A Cis 12A ACM Other N A Submitted try: Originating Dept: Human Resourcq , User Dept.: Advertised: Date: Paper: Not required Affected parties ? Notified 0 Not required sts: $355_.A_14 Total Current FY Funding Source: ? Capt. Imp. ? Operating ? Other Pension Appropriation Code: 646-07410-530100-585 Commission Action: ? Approved ? Approved w/conditions ? Denied ? Continued to: Attachments: Letter(s) ? None Mnnaecr 1 , I s ISrN W;`+ :??:i.<",,;,}l-n..lf• .1,i 1'dMl?'.'-r tl.. 'it{: ?hx .€11.. .L,i,.+.:,;fsl' •s.?i',s ..s t 1 .1 ,6;. .off. •; t??l l'.f ,. .. 1.f(?.t ... .. e'7. 1, ., .:5 .1 ?f=' ,i , , •la ?f. ?o .. ..'tr .. ?t': i?. Agenda, Item-Doituld McMulle:ti. 1: Page .2 ; Mr. McMullen's . pension' was approved by the PAC at its meeting on April 6, 1994. On May 2; 1994, the Trustees' of the Employees' Pension. Plan ' considered' this ''request 'and remanded ' it to the PAC, for further review.. On May 4, 1994, the PAC voted' unanimously to send Mr. McMullen for -an Independent Medical Evaluation {IME};' t ' On May 16, 1994, Mr. McMullen was examined' by Dr. William Greenberg. The report from Dr. Greenberg states, "Mr.' . McMullen carries the ' diagnosis of a herniated disk syndrome... these restrictions would be limited lifting no more than 20-30 pounds, limited- bending. Reviewing t h e job' description of a police 'officer, I feel he would have difficulties in meeting the requirements. This would primarily ' be encountered in emergency. situations, for example, during interventions, reacting quickly in emergencies due to his back problem." At its meeting • on May 18, 1994, the PAC reviewed the IME' report and unanimously voted to send this back Jo the Trustees for review. This request is being submitted to the Trustees at this time for approval of the job-connected disability pension for Donald. McMullen. Based on an average salary, of approximately $36,513 over the past five years and the formula for computing job-connected disability pensions, this pension will approximate $27,385 annually,. Charts .from Finance which take into consideration mortality, rates and age reflect the "present value cost of financing" this pension will be approximately $355,124. 002 PAGE 02 I ; rrtxl 1 Ff*VK W NIMK6w P"94E 143. 1 gt3 392 624x' Itay,to 1"4 90?Pat i WILLIAM M. 0?hc[P1MRllo, Mb~ rKti. ¦, , . 1 4g160µ fk1N1D?0!T 14+49 wt?fi or e+.rr. M1CH1r WICCAt. nn.tan ,unit •W real OM+ra MatorwAno 11101 846.14W Ncw Pont, nwv-m r" A- h4lfi 11111 004b" May 1 e, 1974 Dip/ of Clearwater P.O. Sox 4748 t Cleltrwaltir, Florida 34810 Re: Donold MaMuilsn Tn Whorn tl Maly Concern. Mr. McMullen vrrty aojPn in the attino today tot- an Indep.ndont mad;anl ovaluallon. He 19 a 32 year old while male, rlgltil handed, with a ohlo.l cvmplpint of lower back pain. I went through at, currvnl rl vow c,f eyotamO wills Mr, MaMullnn In which he continues to expoflonce a daily low degroe of back oohing. It to lootdlTed to the lumbar region In the mldllne. Aatlvidus ouch as binding, walking up and down otafrs aggravate tho candMon, He deaorlbnd ocoaslonal shooting ptsins Involving Ilia logo, iltitty atu not in a radloulur faehlon. Ho experiences al elmllar typo of pains involving the upper extromilistt. Coughing and ansexing Increases the dis ornfod In a lowlizod laahion; thorn has bean no obanpo in bladdor or bowel habits. The tomainder of the roview of aystome is notable for nook efiftnees, orackino, with a tandoneyy to move it about. There is a aonee of etlffneaa and aching which can gqeneralize. Thero era cocasiona( ohootiR pafna In the arms in a nonradiaular ttwttlon, one opisodo of numhnfro Involving t o left hand. Notable Is aohing involving the jaw, cooeelonally It has caused looollzed Intonae pntns after chewing, I went beak In the history with Mr. McWilan cvnoerning rho onsot of there symptoms. Ho described being Involved In a rsllr and cclltelon while on duly av a pollov owner for the City of Clea wstur, Ho experlanced discomfort Involving tho book and neck, was seen In the emergency room at Morton Plant Haapltal. 8111131) the aocldent he has been unable to rutllm back to work. lnltially he was Soon at Doctors Walls-In Clinlo, complaining of paln Involvingp the nook and bade, dlsoomlort In the mitt thoracic region;1ha latter hao also contintiacf, He Was referred to Dr. SAns's offt04, An MRI of the lumbar opine was pertormod on June 25, with the liimo reviewed lod". At tho IIIVOI 01 LS-&1 there la vvldenan for degonomilon of the dlBk, with u conlral Iiernlatlon of disk mEatorlal. unfortunately, I do not have all at the vfewe lrom that Goan avallable today In the 10dar. his., X93 PAGE 03 MEN $ ss? , axr city of Cleanvaltr 110; Donald MoMullen ' Wy-tg, 1994 Pupa Z Mr, McMiAlva da"Hbod &Xporfonntnr; roller of 1h+a rthaotin Qnlna In the lags aftbr ap Wral alordid Injo(Alone, but thUo change In his back corn nInfe. Afoontty ho otarted oavk working ilk 4 alvtllan In the Bharlfl'ts.Department manly In pao6twod( and, &ftat ollrnbing up and down the olalre, hee experlencod IfnMiAlRantlcn of patrta Involving lh0 fogj, ' H# donfes any pflor history of back problems, wco In a motor vohlolo opopldant dinoomfon I Olokl Lo ue,0uned9nNanlg physical n but no thor Sand to rl oblemN.r At the present time he has boon onhaL stretchIng program, Starting nwirn In Na pool. Rewds roviewed Inoludo OplnloniF of the physlatrist Dodson, orthopodla iurWon Oliver. o9leopbthlc physlelan Angstadt, and Dr. Sane. Examination today shows en ovOrwalght mate who arnbufalos down tho heillway, no problama for toe, heal, and iandam. Back ranger of motion It normal to 90•, with ttahtness In the muscles, There Is no epasm or trigger poillle. Laying flat In bad, elralght log raising and hip rotation otiuer aomplalmo of cllscomfort. Motor exam shows no weakness proximally. rear dletWly. The knee and ankle lerXs two brisk with a suplspotailer tosponee prevent, no clanus, loon aka pianist ffaxor. Sontory exam to notmat &S Is coordination leating. Monoo) slAtvv touting and sperm funotlvn aro rwrmal, bpaning And oloolnq the lava ahoVM a slight tlbviallon to the light. The 'nock Is aupplo with normal ranee of motion, with oomptaints of dtcoomtort. Palpating the carvtcal region there le a mutroin knot procvnt In the Uppor trapaziuv on the left. Shoulder range of motion to normal. Motor exam shows normal tone Find no tremor, no drill. Wools teallrm chows no 'toos) wonkri sea, The muscle stretch rottoxea aro oymmotdcal with a normal sensory exam. Coordination tasting Is normal. Tho remainder of the exam was wlthout aboormillliy. Mr, MoMullon varoas rho didgnoaln of a hernlmod disk syndrome, occurring at t.d•6l. At this point blip oxrtmfnation Is normal, the rer<Irls dons Impoead upon htrn am basod upon the abnormal MRI film. At this point, lhtmo rsatridtfons would be iimited 11tiing nip more than 20.30 pounds, limited bending. Reviewing through the job description of a police officer, I Seal he would hays difflouhlea In meoling the requirements. This would primarily by orlcounlemd In ornurps?ncy altuatloho, Tor example, during Intenvorillons, resoling quickly In emorgenoloo du0to hIa back prxibf em. "t?; x?i ?°St Y+; •c ? y.•i- f., ?S'???ti l(- •4. ... ... ,r 'r: ? fy ?..?ci°'x i?r• :' 'i -r; .l;i' ! V e' r I R •5 r' + • ? ? J ? ? 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FAX, ,813`541-x173 PAGE 01 ? 1 L fit • .li V •. •. ? ? ? ? ? ( .I? -• y ., i, .t f .. `` Clly of rCloarviator Re: Donald McMullan May 16, 1994. Page 3 ` ' l tool he can be employed primarily in a sedentary typo itlon, which would . `? •' ' xi d l i h d d' ' v ? mum mo a e mprovement, an , . e restrlci C He has reac ma be.wilhlrl fhe, abo utilizing the Minnesota Guidelines would.have a permanent impalrmont rating al.9%. ; Sincerely, Wlfllam Ft. Greenberg, .i?. 'j. WRGimfm C I T Y O F'C L E A R W A T E R POST OFFICE BOX 41748 CLEARWATeR, FLORIDA 34618.4748 Human He3qu(CES Department 81314624870 'IU Honorable Mayor, and Members of the City Commission as Trustees of the Employees' Pension Plan FROM: Pension Advisory' Committee COPIES: Donald' McMullen; Debbie Bailey, Payroll Services Manager; Disk Management SUBJECT: Pension for Donald McMullen--Job-Connected Disability Pension DATE: April 6, . 1994 The Pension Advisory Committee (PAC) received an application for disability pension from Donald McMullen on February 25, 1994. Mr. McMullen has been determined by the Pension Advisory Committee" to meet the requirements of the Pension Plan for a job-connected disability pension. He"was employed by the City on June 30, 1986, and began participating in the Pension Plan on August 19, 1986, Further, he has submitted medical documentation, copies of which are attached, relative to his disability which has been reviewed and approved by the PAC. By motion made and duly carried at its meeting of April 6, 1994, the Pension Advisory Committee approvedlrecommendad 'the granting of a job-connected disability pension to Mr. McMullen in accordance with provisions of Section 2.397 of the City Code. This pension is to be effective on a date to be determined. The amount of Mr. McMullen's pension will be calculated by the Finance Department according to the formula in the Pension Plan for job-connnected disability pension at such time as his last five years of service and salary can be computed. I hereby certify that the Pension Advisory Committee has approved the ;ranting of a job- connected disability pension for Donald McMullen and the "above dates are correct, Ch it an, Pen ion Advisory Committee ''Equal Employment and Allirmativs AcIlon Employer" jA' •??Ifs ? il??€}.. Yf. ..1•?l ,i,L'r'?v.Y. •+bf ,a ? .. ? ' PENSION REQUEST FORM 1 Donald A. McMullen do hereby apply for retirement from the City of Clearwater General Employees' Pension Plan. My benefits ' date is August 18, 1986 (Entry date into pension plan) y date of hire is June 30 -1986 September 23, 1961 My birthday is my job classification is Tolice officer and l work in the Police Department. Division. y resignation date is to be determined The type of pension for which I am applying is (check only one): Regular Pension based on years of service X Job-connected Disability Pension Nan-job-connected Disability Pension My spouse's name is: Stacey i Dependent children under • the age of 18 and residing in my household are: (P;-Lat C21ild's Pull Name) (Child's Date of Birth) I hereby certify 'all of the above to be true and correct: 2 (S` e ruary 25, 1994 (Notary Public) RDTARY PUDLIC STATE Of FLORIDA f M1' C"ISSION EXP SEPT. 24,1994 £O> 0 THRU GENERAL INS. UND f CITY OF CLEARWATER GENERAL EMPLOYEES' PENSION.PLAN OPTIONS - POLICE OFFICERS 9..' OPTION #1: Employees can receive a lump sum payment for vacation and holiday pay and, 112 of accrued sick leave at the time- of separation from the City. There will be no 8%, deduction for pension from this lump sum payment nor will *this amount count, as earnings ` in the calculation. of the pension, The last day of work will be the termination date and pension benefits will begin the following day. OPTION #2: Empleyer, can extend termination date by the time • due, for (Only available to vacation. ' holiday pay, • and 1/2 of accrued sick leave. employees. ..hired Termination date will be the final day 'of extended time. prior to 10/1/90) Pension benefits, will begin the following day. - OPTION. n3: Employees can split their :accumulated sick time at (Only available to one-quarter pay and one-quarter early retirement time. That empioyees hired portion received as one-quarter 'pay will not have 8% prior to 1011/90) deducted for pension nor will it count as earnings in the. calculation of the pension. The portion applied toward early retirement time will be subject to the' 34''a pension deduction and will count as earnings for pension, calculations. Termination date will be the final day of extended time. ? . pension benefits will begin the following day. sr aiwwr i +?: rr+rr i.*»H.1c .. iwrr I; Donald A. McMullen an employee of the City of Clearwater, hereby ap ply for pension benefits under the General Employees' Pension Plan. I hereby certify that I fully understand the three options offered to me. I choose to retire using Option and wish my benefits to be calculated under this option. I understand that once this form is signed, my deci ' a is voca EMPLOYEE'S SIGNATURE. SOCIAL SECURITY 261-81-1046 _ ?. WJRIE S. ADDRESS: 3520 Green Glen Circle Palm Harbor, FL 34684 110, DATE: February 25, 1994 Mar: ,i 1. .• r S .5 .. , ' • .• ' i Yl.'+1 ^ .. .,•?r t .l{.f .• i.•' ,..T1?)d ilk.'" i S. •.1. •.r . A.)l" .. . l ... 1 r , . '. .. .. , i r ..i . . '/: 1i • ll' M i ALL FLORIDA ORTHOPAEDIC ASSOCIATES Robert G. • Harhilton; M.D. Lawrcnce M. Gnage, M.D. ' Brett R. Bolhofner, M.D. Dale G, Bramtet, M.D. Clinton B: Davis, M.D. March 15, 1994 City,of Clearwater Advisory Human Resources Attn: Debbie Ford ` P.O.'Box 4748 Clearwater, FL 34618 Re: McMullen, Donald Pty:, 40073 SSN:' 261 81 1046 To whom it may concern: The above captioned patient was involved in an accident on the job on 05/07/93 whose resultant injuries' will prevent him from normal police patrol duties, such'' as repetitive lifting, bending, climbing, running and jumping, permanently. If I may be of further assistance or provide additional information, please feel free to call me. Sincerely yours, letated by 4t flgned in ;ifs/hor abs 6e to mid is ma111ng. William W. Dodson, M.D. WWD/rtb cc to: I° Donald McMullen 3520 Greenglen Circle '-: Palm Harbor, FL 34684 46004th Street North • St. Petersburg, Florida 33703 (813) 527-5272 • Pax (8I3) 522-7412 ALL FLORIDA ORTHOPAEDIC ASSOCIATES 4600 FOURTH STREET NORTH ST. PETERSBURG, FL 33703 (813) 527-5272 PROGRESS NOTE NAME: MCMULLEN, DONALD PT#: 40073 AGE: 32 REF: D/A: 05/07/93 DATE: 02/14/94 Patient is a 32 year old, right-handed male who states that while .on'the job on 05/07/93, he was the seat'-and-shoulder belted driver of a vehicle involved in a collision from the rear. He states that he did not lose consciousness and his body did not impact the interior of the vehicle. Immediately after the accident, he had the onset of back and,neck pain. According to what he remembers now, the neck pain did not radiate or cause numbness, but the back pain did radiate down his left leg although there was no numbness or loss of bowel or bladder control. He states that neck x-rays were originally said to be negative for fracture. Later, an 14RI was done of the c-spine, t- spine and 1-spine and this showed L5-S1 herniation and Grade I spondylolis thesis. Despite treatment with medications and therapy, he continues to have this neck and back pain, which restricts his ability to lift, bend, run or jump. PAST HISTORY: Allergies to Penicillin. Surgery history negative. Fracture history status post right wrist fracture, healed. Medications are Motrin and Soma. X-rays of the C and L spines are negative for large displacement and.fracture. MRI of the L--spine shows the above-mentioned L5-S1 herniation and Grade I spondylolisthesis. PHYSICAL EXAMINATION: Upon palpation of the spine, there's no point tenderness. However, there is some bilateral muscle tightness in the C4 and L5 regions. C--spine range of motion is within functional limits. L-spine range of motions shows some lack in the flexion ability secondary to onset of worse back pain. Straight leg raise is currently negative bilaterally. Heel and toe walking ability is good. Great toe extensor strength is 5/5. Strength of the flexors and extensors of,the bilateral elbows, wrists and finger abductors is 5/5. Pin-prick sensation is symmetric in the bilateral upper and lower extremities. Reflexes are 2+ at bilateral biceps, triceps, brachioradialis, knees and ankles. ASSESSMENT: Work--related non-radicular neck pain and radicular back pain with L5'-Sl herniation and spondyioli.sthesis on MRI. 4i•.v ?:.f(i?,:j{!??.1kvr?'?!???F}%?°7;aN,A.?.at.,' :i' ,` s' i r ;r, e, ;r. , r4,? '•,s I,?yY, ;rt..,"s 5?[, .. r•r, '.a ,. ...-.i .. .o-•...r-Y.•isr•-..r..»..: r'd:?ti;''.7waz. .. ........ .._ .,•_:.•.,r, rlT. .. ,, ... .r .r••i' ."f 5.5F .. 4 .i' .. .. ALL FLORIDA ORTHOPAEDIC ASSOCIATES 4600 FOURTH STREET NORTH ST. PETERSBURG,-FL. 33703 (813) 527-5272 ; PROGRESS'NOTE PAGE TWO NAME: MCMULLEN, DONALD PT#'- 40073. DATE: 0211'4/94 The L5-S1 herniation is a permanent situation, although signs and< symptoms, may 'wax and wane. ' Activities . in. his currsnt job which could make this situation worse include lifting, bending, running and, jumping. .Today, his light,duty recommendations'are assigned ' for an 'indefinite period of time and' include no lifting over 20 lbs: , nor' repetitive lifting, bending. or climbing; no running or ..jumping.'. He should..continue medications. Continue home exercise program as.demonstrated.in physical.therapy, 'He will call.for''a ..problem'or.change and may follow up on a PRN. basis. WWD/nrr' END OF. REPORT T: 02/x.6/94 ORTHOPEDIC NOTE Patient: Donald McMullen - Chart #: 261-81-1046 Date of Evaluation: 03/08/94 PROBLEM: Mack pain. SuBaECTIVE: This is a 32 year old, white male police officer who states that while on the job on 05/07/93 he was involved in a motor vehicle accident with an associated rear end collision. The patient states that he was wearing appropriate seat and shoulder harnesses at the time of impact. He had no complaints of loss of consciousness at the time of his injury, however, had increased complaints of neck pain'and back pain after the accident.' He denied any complaints of numbness, paresthesias or weakness involving either the upper or lower extremities ass.ociated'with his injuries. He was seen in the emergency room where x--rays were obtained-of the neck region and apparently showed no evidence of'acute abnormality. He was eventually seen by the Doctor's Walk-In Clinic and referred to orthopedics for further evaluation. He saw two orthopedists including Dr. Sena who ordered an MRI evaluation of the C-spine, thoracic spine and lumbar spine with findings by record of a L5-Si central disc herniation and possible mild spandyloli.sthesis. Patient has been treated with a prolonged course of medication and physical, therapy without relief of his low back and neck related complaints. OBJECTIVE: Physical findings demonstrates near full range of motion for cervical flexion and extension. There is some tenderness to palpation in the paraspinous region involving the C4-5 region. Negative Spurling's test. There is good muscle strength for both upper extremities with grade 5/5 muscle strength for all groups tested. Examination of the low back region demonstrates some mild restriction for forward flexion and complaints of low back pain. He is unable to touch his toes and extend beyond the midtibial region with forward flexion. Some pain with lumbar extension and lateral bending. There is paraspinous tenderness to palpation in the lumbosacral region. Examination of the lower extremities demonstrate hamstring tightness with straight leg raise bilaterally. No radicular symptoms with these maneuvers. Deep tendon reflexes are tested to both the knee and ankle and noted to be symmetrical. Muscle function is grade 5/5 for all groups in the lower extremities. Sensory exam for both lower extremities is noted to be intact. MRI: Review of the MRI?study demonstrates evidence of central disc herniation L5-Si With very mild (less than Grade I) spondyloli.sthesis at L5--Sl. ASSESSMENT: Chronic low back pain with MRI evidence of L5-SI disc herniation and mild spondylolisthesis. f I...:. : ,! i,l !`' ',i : f •.ll i, IF. ? . r• i' :f! j ',1 .. ,. t .. `, •!i'`:lrT ?f. ;?;'. ,f. ;a.w ' 1r•t t f. ., I 3 d. , ;•?7YFPS?`,?:` ..r"y.... .... .. ,- .: ..?. S?Y'•?'f-.. .'(i.73, ??,il' .f. .i: „fir As rr•'. .. i " i.: '9. •.', ..?. ar, .{:?: •'.1':1' .. .. .. .. Datient: Donald McMullen Chart: ' .261-=81-•1046 Date :of Evaluation: 03/08/94 PLAN: The patient has suffered a low back injury associated with his work'activity which is permanent in nature. He demonstrates no evidence of tAdicular symptoms at this time. The job requirements of this patient which include running, bending, stooping, climbing, squatting, crawling and crouching would not be able to be performed at an adequate level that would be. required of a police officer.. These activities in his current job'could certainly make.:his medical condition worse.. Thus, the patient is currently disabled from his current occupation-as`a. full duty police officer. BRIAN C. OLIVER,`M.D. D: 03/08/9 T. 03/10/94 - 008 1 H. B. ANCSTADT, JR., D.O.. 1059 BROADWAY DUNEDIN, FLORIDA 34698 Telephone, 733.3148 2/25/54 RE: DONALD McMULLEN TO WHOM IT MAY CONCERN: THE ABOVE CAPTIONED PATIENT IS A RIGHT-HANDED 32YEAR OLD WHITE MALE. THE PATIENT, A CLEARWATER POLICEMAN, SUSTAINED AN AUTO ACCIDENT WHILE ON, DUTY ON 05/07/93 WITH REAR END TYPE'OF COLLISION. HIS SEAT AND,SHOULDER BELT WAS IN PLACE-HE WAS GIVEN A LOT OF EXAMINATIONS AND WAS TREATED WITH PHYSIOTHERAPY FOR MONTHS. THE PATIENT STILL IS NOT ON DUTY SINCE THE ACCIDENT.. HE HAD EXCESSIVE WORK'UP OF THE CERVICAL AND LOW BACK IN THE PAST WITH MRI OF CERVICAL SPINE AND MRI OF THE LUMBAR SPINE, X-RAYS AND MEDICATION. PHYSICAL EXAMINATION REVEALS A 6' 207 L•B.MALE AMBULATING INTO THE OFFICE WITH NO DIFFICULTY. EXAMINATION REVEALS MINIMUM AMOUNT OF CERVICAL PARA- VERTEBRAL MUSCULATURE SPASMS. THE STRAP MUSCLES OF THE NECK ARE NOT INVOLVED.'RANGE OF MOTION OF THE CERVICAL VERTEBRA IS.NORMAL EXCEPT FOR SIDE BENDING REDUCED BILATERALLY. SLIGHT KYPHOSIS OF THE THORACIC VERTEBRA. LUMBAR AREA IS FREE FROM PALPABLE PAIN. THE LUMBAR CURVATURE IS SLIGHTLY STRAIGHTENED. PATIENT CAN BEND FORWARD TO APPROXIMATELY 90 DEGREES WITH NO PAIN AND THE PATIENT STATES," IF HE BENDS FORWARD FURTHER THAN THAT POINT, HE HAS SOME STRAIN AND PULLING." ROTATION IS APPROXIMATELY 40 DEGREES BILATERALLY WITH NO PAIN OR MUSCLE SPASMS. STRAIGHT LEG, FIGURE FOUR AND HEEL TO BUTT ARE ALL NEGATIVE. NO REFERRED PAIN. DEEP TENDON REFLEXES OF THE UPPER AND LOWER EXTREMITIES ARE.WITHIN NORMAL LIMITS. PATELLA AND ACHILLES REFLEXES ARE NORMAL. THERE IS NO EVIDENCE OF ANY MUSCLE WASTING AND THE STRENGTH OF THE UPPER EXTREMITIES WITH GRIP OF THE-HANDS ARE EQUAL AND STRONG. PATIENT CAN WALK HEELS AND TOES WITH NO DIFFICULTY. EXAMINATION OF THE REPORTS REVEALED L5-S1 HERNIATION AND GRADE I SPONDYLOLISTHESIS. DX: LOW BACK STRAIN/SPRAIN WITH RUPTURED DISC L5--S1 AND GRADE I SPONDYLOL- ISTHESIS. AND CERVICAL STRAIN. BECAUSE OF THE HISTORY AND THE SYMPTOMATOLOGY,THE PATIENT IS NOT A GOOD CANDIDATE FOR FURTHER DUTY DUE TO NOT HAVING THE ABILITY TO RUN, JUMP, BEND FORWARD FOR ANY EXCESSIVE TIME AND NOT TO LIFT MORE THAN 20-30 LBS. AT A TIME SINCERELY YOURS, H.B. .ANG4TA/ T,JR.D.O. HBA:cp _ lilwnrr! D. Carlson 1 Carlson, Meissner, l James W. Drxlson Ilf Ili J. fA my fives ' . Webb, Dodson Paul A. Melssner. Wllllam R. Webb & Hart, P. A . Casey K Carlson J. Ketiin ffayslers Lorraine ft. Gregg 'Board Certified - Coiminai Low November 3, 1993 Joseph Sena, M,D. 2334 Seminole Blvd. . ' Largo, FL 34648 Re: Donald McMullen Our File #5431 Dear Dr. Sena.: This office has been retained by Donald McMullen regarding the injuries he received as a result of a work-related accident. which occurred on May 7, 1993. Enclosed is a'signed medical authorization for your file. r Pldase furnish me with copies of your updated medics record and office notes concerning your treatment of Mr. McMullen for the injuries he sustained from the accident. I would also appreciate it if you would advise me of the following: 1. Has my client reached maximum medical improvement? 1 -?5 2. If so, on what date, and what percentage of impairment would you assign to the injuries, per the Minnesota Guidelines? CML 3. What' are my client's restrictions and limitations? 4. Do you recommend a Functional Capacity Evaluation? • ?J Ja'tr Sena, M.D,- (Signature of Physician)Df 10 fff 4 I Respond To 3S0 Belcher Road North -Sidle 103 76N .tfaaauelur,rrtr Arentfe Cfearwnarr. Flrrnrfa 34635 New Port R10st r. F1nriJrt ?•kfSJ 31J-"3-1S62 AI J-847-» 737 FAY 819-449-02S8 FAX 31J-45S-972: '! l ACCESS IMAGING CENTER. INC. PATIENT: MCMULLEN, DONALD DATE OF BIRTH: 9-23-61 DATE OF EXAM: 6-25-93 CLINICIAN: DR. JOSEPH SENA MW OF THE LUMBAR SPINE INDICATION: Evaluate for disc herniation. The patient'presents with chief complaints of middle and lower back pain, and pain in the left lower extremity. There is a history of preceding motor vehicle accident on 5-7-93. TECBMQUE: The KM examination of the lumbar spine was performed•utiltzing the following pulse sequences: TR/TE 68/24, 2,000/30, 2,000/80. Images were obtained in the sagittal and axial projections utilizing 4.5 and 7.5 mm slice thickness. FINDINGS: Disc desiccation, associated with central disc herniation, is noted at the L5-S1 level, No significant mass effect upon the adjacent structures by the herniated disc material is appreciated. Only minimal effacement of the adjacent epidural fat is seen on the sagittal images. There is mild (less than Grade I) posterior spondylolisthesis of the L5 vertebra over S1. The remainder of the intervertebral disc spaces appear intact, with respect to their height and degree of hydration. No disc herniation is seen at any other level. The spinal canal and its contents appeared normal. Neural foramina are open bilaterally at all levels. Signal intensity from the lumbar and visualized sacral vertebrae is normal for this patient's age. CONCLUSION: 1.' Disc: desiccation, associated with central disc herniation, at the L5-S1 level, with no significant mass effect upon the adjacent structures. 2. Mild (less than Grade 1) posterior spondylolisthesis of the L5 vertebra over S 1. 3. Otherwise, unremarkable study. Thank you for this consultation. LIDIA LINETSKY. M.D. , D/T: 6/28/93 R A - 11 EM _BIM U.S. 19 N.. Suite 509 • Clearwater, Ftanda 34621 • Phone (813) 1197-0000 Fax (813) 799-1965 PAT I E.i rl' NAME: DOCTOR: [{OGAT I N , ----------------------- c ?','Er'(r.=i i?Z'f CARTE W =i !Tr z ii l'3-••a61 "a3 i? lYirtE : ?25`0,27.cl RONALD S DATE OF 0 S/ 0 6 ? ? ; TA T'.}5 : ED LOW BACK PAIN THE EXAMINATION AND . TREATMENT YOU HAVE RECEIVED. HAS -_?EEN GIVEN ON AN Ei"IERGENC`t• BASIS ONLY, AND IS 610T INTENDED TO REPLACE TOTAL MEDICAL EVALUATION Allici f.-Aj'iE. SINCE IT IS OFTEN IMPOSSIBLE TO RECOGNIZE AND TREAT ALL THE ELEMENTS OF AN INJURY OR ILLNESS AT ONE EMERGENCY VISIT; IT iS IMPORT (ANT FOR YOU TO' CIDNTAC i YOUR DOCTOR OR THE FOLLOW-UP DOCTOR: WHEN I NSTRUCTEP 71l DO SO. ViEfl-IN iH I LE , _LL uW THE INSTRUCTIONS BELOW. THERE ARE MANY CAUSES OF' SUDDEN BACK PAI-01. SOMETIMES THE CUSHIONING PADS, CALLED DISCS, THAT LIE BETWEEN'THE VERTEBRAE (SONY SEGMENTS OF THE SPINE) BECOME WORN AND PUSH AGAINST A NERVE. FAR MORE FREQUENTLY, THE MUSCLES IN OUR BACK BECOME - STRAINED, POSSIBLY DUE TO FAULTY MECHANICS, WEAK; STOMACH MUSCLES, OR IN PREGNANCY; OR IF YOU ARE OVERWEIGHT. WHEN THIS HAPPENS, PAIN IS PRODUCED IN THE BACF: AND OCCASIONALLY DOWN THE LEGS. 'MOST BACK PAIN WILL RESPOND TO SIMPLE THERAPY AS OUTLINED BELOW. HOME-TREATMENT 11.. YOU SHOULD. &AY AT, COMPLETE • BED 'REST EXCEPT FOR WALK I NG TO THE BATHROOM 'WHEN,' YOU ARE 'NO 'LONGER EXPERIENCING '.BACK PAIN WHEN YOU WALK TO THE BATHROOM;--(:- :' ';;-,T.H I S GIVES : YOU A SIGNAL TO START .?;I NCR?AS I NG YOUR ACTIVITY. 2. --" F-:YOU_ LOSE CONTROL— OVER YOUR 'DOWELS OR BLADDER, YOU SHOULD CALL THE - PHYSICAIV :?. TO ;,WHOM;;YOU -HAVE BEEN REFERRED IMMEDIATELY, OR RETURN TO THE EMERGEhJC`? CARE= --_CENTER.".``;::.c.,:. ?.- ?':. SOME:'PEOPLE.: FIND THE APPLICATION OF H AT TO FEE HELPFUL, BUT WE PER50P1ALLY ;: . THE AFFL I CATION FI ?lD. `THA7-: ALTHOUGH IT IS NOT AS COMFORTABLE TO THE PATIENT,. ;'= i •:M 'AF•. ICE =PACKS GIVE LONGER-LASTING-RELIEF. YOU MAY USE EITHER, _ ONE OF THESE. ?.x j` : {,YOUR ;DOC.TOR'• W I L'L%..USUALLY,,-PRESCR I BE:.MEb I CATIONS TO RELIEVE -THE PAIN ' AND SPASM.-v. YOU :.SHOULD K E . THESE ' AS PRESCR I PED. " ' '' 5." - AF.TER;;-'•YOUR-:.ACUTE . BACK PAIN' IS OVER, 'YOU SHOULD THEN WORK' WITH YOUR DOCTOR TO EL I'M I HATE-' THE CAUSE, OF ' YOUR ACUTE ' 6ACI. FAIN . DIET AND EXERCISES T0. STRENGTHEN "'.."YOUR BACK;'•AND STOMACH MUSCLES MAY BE',INDICATED. NO EXERCISE UNTIL PAIN FREE. PLEASE F ;AT ANY TIME YOU FEEL WORSE OR BECOME ..COhJCERhJED ABOUT YOUR CONDITION, 1-" `CALL'== THE 'REFERRING PHYSICIAN OR RETURN ''TO THE EMERGENCY CARE CENTER. SPECIAL"INSTRUCTIONS: DO, NOT RETURN TO WORK, UNT I L, YOU SEE YOU COMPANY DOCTOR. TAKE PAIN MEDACAT I ON ,m,--AS TOLD. RETURN TO HOSPITAL IF YOU FEEL THE YOU COhIO T T I ON GETS WORSE. ------------------- REFERRAL'PHYSICIAN DOCTOR NAME: ADDRESS is ADDRESS 2: SiCITY/STATE: '.ZIP: PHONE: UNASSIGNED DOCTOR I:Ir;ll ti r7r;li irjljtjl7rjr;111r;lr;ll;lljr;?i 1tjt;liat;l larjr}(1r:?t}rlrlr}r}Qr:lr;lc;frlr}t)r}rarj I:Iljl;,l;tr;,i ?i ?{;11;Ir;)I;Itjr)1;?1;}f.ll:lcjrjc;r I It jril,)l;l-I,YI;il,11;1 t,1 r;i r;, --1;)1) r;! •-l;1 x;11;111 NURSE SIGNATURE ---------------------------------------- 1 PAT I ENT INFORMATION. • NAME: MCNULLEN DONALD A NUMBER. :'P?1}4t:i1.753 2 SEX /053E: 11 71 6 I RTHGr, (, Cx? 7 / i961 XT-l-ENT :SIGNATURE ------------------------------------------ -------------------------------- ?gG7 i -?[7 1. {y Doctor's'Walk-ln Clinic ' AA.Arl:0 w1 nrl ty Arcrad+talla, Atsociallon lot AmWatory Health Care, Inc. NO APPOINTMENT NECESSARY I'/NIt.Nr NWF%, WJT FIRST BlRt140ATE AGE SEX ACCOUNT • '• • • X-RAY r I.11_r'11 Ih4 is L. ? •, x4.4,•41 I I .... ! ! ''I .'i4?,^.t ? ., ? ! _ .. r,t_`?.? I. f .I .. 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'. y,: 1 ? _ .ti%,• ?i±e•,?.:,:.. :.'3? ?.":=.??.'.!r..-`rl.m f-" •re a. «1{'IV.1Cw}i,•j•?.,::..:?w ,r= K.s !-; ::;Vt,•7a?r!*i_r::c.-.ni r«r xm?-?? t•*'; ,_.yzt Y..-._ xti., r t` wL "':'^P.:.?t?1=2+.ri'IY?5?1? '?'^tiTffr...e?."ii ••IiADE'^"' ;t•??G,C?f',Il iNY.:•'I?A?.JMn•l}r..H,l..«.w,?",.,'„sJ;,.,- '`.? •;'•,r:.,+j'r;?.•:,tn'rf:.',;i.'•.; ?i+ry:77i,,,r•?ry-ty.w•t':...•,.,.?tl..,'.:nr 2810 W. Dr. M.L.K. Blvd, Tampa, FL 33607 877.8450 .rr '? •I.?i.y{lrr1'.'..I,?,'r?+,?.1;`:+',w?'i+i?Le;:'iKrt?i'?j?i`":'"q.?iPri'+riE '•kd r^•?"r r !?r•y. ?W??r i+'•. C. ,'. ;' 1?YR:s`;:•ir ale ,±.,. ? ?. r.t r!'=?,{ Tr ? ?F:'?'tic, ?'?'.l-KC•?r";i•J?wi'.: ex7'r-y'r-r« •,'f •'"•' . ..._ -... fir. •-i::...-'....;'i.'.y?i.; Doctor s 206 E. Brandon Blvd. Brandon, FL 33511 681-5571 Walk-in, 13210 N. 30th St. . U.S.F. Area .Clearwater, FL 33575 "26812 U.S. Hvvy. 19 No. --. 977-2777 ''•799.2727 , 801 Dr. M.L.K. Blvd. W, 5effner, FL 33584 6844424 srs Clinic 5015 E. Busch Blvd. Temple Terrace 985.2764 13856 N. Dale Mabry Carrollwond 264-1885 i?ELEASE O WORK/SCHOOL. PERMIT I have examined y i V C on / et-_ _A DIAGNOSIS: Medically excused from Work/School from ? thru WORK/SCHOOL STATUS: ? Regular Duty on / ? Return to Work/School on / ? Light Duty on f ? No Physical Educmtion Until / OH Work Until - / ? No Driving/Oper:l Heavy Machinery -• 0 Return Vlsit on ZL%;'- / ? NQ Bonding or Lifting of more then Lbs. ? Ratum as needed. ? Other Please call us H you ha any qu ions. COMMENTS: p Z1,41,244lr D Ref erred To: Y hYIC PENSATION Address: Phone: Meaaw 0=0( +bar.+wesr, S.M h .n? •? •- .r-r:.+.,r*e h •,' 'Ica ;•Tr , r i '4;*41NiW .0Y '?.. ,,, .? : -,n!• « '.?.' ?a,fy (" "..,?-Ka,?.•1rr_..i>a+,. ti..;??+Y-f .R. _ - 4k. V, ,",. ?. 1. ?, •L.,.,1 ,. .w.wi .' _; '. "?.t, •.{?: E•I,.ii,??L:'l.d,'C w?,?., :?p X 1 1 i r• .. ,.. .». _ .• - 'r a- v ,7' '3 ",??` •Y,r'1'?tr?..ryj .. w it 5 n. OrVIdtO?1 ?+tl(?i0F1t,A1 • i? ' FLORIDA DEPARTMENTOFLABOR AND EMPLOYMENT, SECURITY DIVISION.OrWOAKERS' COMPENSATIOIati,.,, ,,. , , . ' _ ..: t-SOG- 4Z-170 (or) contact youc local office for aasistance , ?? Reporbakkdeaft withirp 24hours (904Y488.304k'- .,• ; ' - - EMPLO?fI SINFORMATIOW F- T . 'r w •* - - FOR C0FIIER'S DATE STAMP RECD SY CARRIER SENT TO DIVISION NAME {F1rst, Middb, t.astk' ;Dona3;cT:=A hTcMul`len4:' - Soaat Sewrsry Number Dora and Timoot AWdent . : 1 05/07)93 .:- 23 10 RE 11"_16SZIP) 1 erce t F . EM YEES DESCRIPTION O ACCIDENT- While d peratint earwater FL 34616 - - vehic-le,.em to ee: was. struck from behind. TELEPHONE Ar"CO**- 313,..462-6262 D BE URYOFr•U c t' f AND INDICATEPAFiYq DY AFF D 1T ' UPATIOI i P li - nd% e o figh 4i6_ opes at secone }okra. hastx ad ribs, lead psisoning, elm) ' o ce Officer 772G- 1 - n• ur rom • why lasti. utC-YWF1EQt1ES';MED1C,14XARE7... ..YES... aNOj,. 09/ 23 /61 ? F IF YES DID EMPLOYER PROVIDE MEDICAL?- dCYM. • .0 No e-eawr-rrrtFr rr?rwrwun?rnnr- FIRM'S NAME AND ADDRESS FEDERAL I.D. NUMBER DATE AND TIME FIRST REPORTED City of Clearsn*ater 1IQO 'S9--f7t}E3a289 -- - ?. -05/07/93-'-221.0-.' P 0 Box 4,748 W.Q CIOVERIWE BY POLICVMEMBER NUMBER Clearwater, FL 34618-4748 ?INSUttANCECO.- QjSELF-INSURED NAME. ADDRESS, TELEPHONE OF WI L OU ON ' TL;LEPHO(J A„ COW 613mm.? 462-6262 INSURANCE COL OR SERVICE COMPANY J h E t C 1 L Y C nNUE TO PAY SALARY7 a YES ? No PLACE = A - o ns as ern ompany, r4_ 01 CCIDENT (Sttset, City. Courty, Stamm) Post Office Box 3318 LAST DAY PAID THROUGH US 19 and P a r k s i d e or Serasa•ta, R. 34230 I , Clearwater, Pinellas, Florida I -NO-749.304+ RATE-OF PA]I ??,?1q NAME, ADDRESS AND TELEPHONE 0 `? OF PHYSICAN OR HOSPITAL Nunvw at "J" r DMTHE EMPLOY'S }UANANGLY REFUSE-710 USE A SAFETY"' Dr. B o g a t 1 n N=6% holm - APPT-LANCE PPXNIDW BY YOU: TIHC EMPLCNER7 ? YES.- 50 No " °°` "°` OATE EMPLOYED LAST DATE EMP OYEE WOR ED -On Plant 3 o s p i t a 1 40r tV + dayx. L K 323 c 06 30 06 51 07 1 93 Jef ords St. PAID FOR DATE OF INJURY RETURNED TO WORK C3 YES ONO- E7?PLOYER' rE? 1 LI NO YES C3 NO ? IFYES. GNE DATE I I LOCAMON ADDRESS WASItr..tUWFATAL.7 ' ?YES- MKO 644 Pierce ST., Clearwater, FL 34616 IF YES. GrVE DATE OF DEATH I I (LDCATTON a . IF APPL CABLE) AGREE Wr N DESCAFTKVLOFAC;IDENT7 NATURE OF 6USINESS [%YES 0 NO IF NO ATTACH ELPLANATION dec e NOS amy emmtt d emoayw or u? per tn*M ta ? am n a i rnton rslaael c cars uunr) am Iatxa or x tlegroe. I I'll widat$?e 9wMY of a h?brry d the Mira w It" rotce. onxiloyea tf+e+r copy d Q In Pwaon ? By. Mart. Unavailable For sianature r r, ? 97 - eMPLOYEE VaNATIME IN mt 4me a av) QATE P1?YER S1GttA1l1 PATE CARRIER INFORMATION II Carrier Audit# Location Service Co. io Carrier File- ? 1. Conuaverting Case-OWC-12. NOTICE OF DENIALATTACHED - © 2. Lost T'sme Case-Date at First Payment I ! AWNP Coma Rate._ Firstday of disability.! r -Date of First Contact with Claimant I I . . ?l 1n Parsom ? Teiophone- ? Mari -Notice Tied Due to Mattiple•Penodsof Disability. Dates Covered tty First Paymenr Q'T.T.D: ?'TP.D. Data•FcrnrRec'd. I II © Catastmphic ? P.TD. 0 Death. Q3. MeoicalOntywhich became•aLosrnmeCase. (Compiet&altinf(NII rrin•itetrt-2above} REMARKS: ADJUSTER NAME: CARRIER NAME. ADDRESS &TELEPHONE: DATE ! I ADJUSTER SIGNATURE: LE S FarmDwfit 11 n:+r EMPLOYEE. COPY, 05/04/94 10:22 ROBERT G WALKER PA RUDER' G. WALXER, P.A. AMPNEY AT LAW 1432 WORT s*RE 131W ?? CLEARWATET , FL MDA 4'1 k- TEL,EPxoNE (819) 44 Qom' VJ,SSJ0N )FAX (813) 441.189t? ;. 002 r'e t «v e ?? ?-?-? Non. Rita Garvey, Mayor flats kW 04 1994 May 3, 1994 P.O. Box 4748 CITY Cl Et K Clearwater, Florida 34518 RE: Disability Application of Officer Don McMullen Dear Mayor Garvey. ' r It has come to my attention that at yesterday's city commission meeting a majority of the commission meeting voted to defer action on Officer Don McMullen's disabillty pension; and remand the matter back to the Pension Advisory Committee for another review. As a result of the financial hardship which the officer would have suffered as a result of the expected one-month delay In returning the matter to the commission's agenda, the commission voted to direct staff to find suitable employment for the officer within the police department until the matter Is resolved. § 943.13, Florida Statutes, establishes a police officers' minimuni quailf#cations for employmentor appointment. Among those requirements Is that the employee have passed a physical examinat(on by a licensed physician, based on specifications established by the Criminal Justice Standards and Training Commission (CISTC). § 943.13(6). § 943.1395 addresses continued certification for employment or appointment and decerdfication, Subsectlon (5) states that the Commission shail revoke the certification of any officer who Is not In compliance with the provisions of s. 943.13(t)-(l 0). i read these statutes to mean that an offlcer must not only inltlally possess the medically determined minimum physical requirements established by' CJSTC to perform the duties of a police, officer when hired, but he or she must maintain those requirements. It would be my ,opinion that a police officer who has been found by an appropriate medical expert to be lncapabie of performingthe essential requirements o the job Is "disabled" for purposes of being entitled to retire on a disability. If the Injury occurs on the job, the employee is entitled to a line-of-duty disability. In Don McMullen's case, he was found by the pension advisory committee to be penLlauci'iuy "-u- ..r •,.. .+r+_rho„RnF? 1n4+irv Part nF tha pvldence UMOUICu 4331 -u- Q ,?au?, v6 ............. . _ _ - ---- -- .... submitted and considered by the committee was a cerdflcation by the state vocational and rehabliltation'agency than he Is totally and permanently disabled In his present occupation. In short, he cannot be a police officer In this state due to the nature and extent of his injuries. j 05/04/94 10:22 ' May 3, 1994 . PaSt 2 RE: Don McMullen Dlsabillty Pension, ROBERT 6 WALKER PA' 00? Offlcer McMullen has Informed me (and I regret that I cannot relate first-hand knowledge, because I was •not present at the meeting where this discussion occurred) that Commissloner Thomas commented that the disability issue was being remanded to the pension advisory committee to make a determination whether the officer could be assigned to an alternative position that would permit him, within. his medical limitations, to continue to serve the community as a law enforcement officer. It seems to me that, first, the pension advisory committee has no authorlty to make the determination requested by Commissioner Thomas. My review of the relevant ordinance setting forth the mission of the advisory committee (§ 2.395, Clw. City Code) falls to reveal any functions other than making a determination of the right of an applicant to beneflts pursuant to this division. Upon request, the committee shall afford the right of a, hearing with respect to any findings of fact or determination. Such flnding of fact or determination shall be forwarded to the trustees in writing. . It appears as though the pension advisory committee has fulfilled Its lawful role and that the city commission is seeking to Impose are additlonal role not contemplated by the pension ordinance. § 2.397 of the city code. specifically states that It Is the pension advisory committee which determines permanent Incapacity. Having blade that determination, and there being no Issue that the determination is in error or unsupported by the record, they have done all that they are required or permitted to do. As the legal representative of the Fraternal Order of Police, Lodge 10, which is the bargaining unit of the rank and file of the Clearwater Police Department, I am concerned that the city commission Is attempting to deny an employee a benefit which Is provided by law. The commission. appears to be exceeding It's authority and exposing the city to potential civil liability. The presence or absence of aiternadve light-duty assignments within the police department for penmanently disabled officers Is not the Issue -- the inability or unwillingness of the city commission to conform its conduct to the requirements of the law Is. Very truly yours, Robert G. a er, Jr. Attorney at Law cc: Peter Fire, Pre s., F.O.P. Lodge 10 1LGW/nw/FOP/PENSI ON /McMULLCI'/Garvey,o I ROBERT.G. WALKER, P.A. ATroRNFY AT LAW 1432 COURT STREET CLEARWATER, FLORIDA 34616-6147 TELEPHONE (813) 442-8683 FAX (813) 441-1595 Hon. Rita Garvey,.Mayor May 6, 1994 City of. Clearwater 1 '141 P.O. Box 4748 Clearwater, Florida 34618 Dats 1MAY..J Q 1994 RE: Disability Application of Officer' Don-McMullen CITY Uthi% Dear Mayor Garvey: In my previous letter to you (dated May 3, 1994) 1 mentioned that I had not been present at the commission meeting of May 2nd, at which certain disability pension matters had been discussed. I have since obtained a copy of the audio tape which preserved that., discussion and I have listened to it several times. It is not absolutely clear to me from what 1 have heard on that tape that the city commission has departed from the essential requirements of the law, but it has.come awful close. Had the matter gone as desired by Commissioners Thomas and Deegan, It Is quite .likely that the commission would have committed a due process violation, and may well have committed an unlawful labor practice. The intervention of Assistant City Manager Kathy Rice probably saved the day. The taped comments of Commissioners Fred Thomas and Art Deegan explain the unanimous vote to send Don McMullen's disability pension request back to the Pension Advisory Committee. Although Mr. Thomas appears to have been the most vocal, the entire commission voted to remand Officer McMullen's pension application back to the Pension Advisory Committee for reasons that are not contemplated In the controlling city ordinance. I am concerned, as is my client, Fraternal Order of Police Lodge 101 that the essential requirements of the law are not being observed by the city and that this is setting a dangerous precedent. What is more alarming is the expression by some commissioners that they don't seem to care about the risk of not following the law. I don't believe that my conclusion is unsupported. The tape of the meeting indicates that the pension application of Officer McMullen came to the city commission (sitting as the board of trustees of the pension fund) in due course. The Pension Advisory Committee had previously considered the application and the medical Information in the record and had made a factual determination that Officer McMullen was "in the opinion of the advisory committee . . . permanently incapacitated through injury suffered or illness contracted in the line of duty." (Quoting from City Ordinance 2.397.) N May 6, 1994 Page 2 RE: Don McMullen Disability Pension Assistant City Manager Kathy Rice, Interim City Attorney Alan Zimmet, Personnel Director Mike Laursen, and you (as mayor) attempted to educate Commissioners Deegan and Thomas on the requirements of the law, as well as a relevant prior history of the disability pension procedure. 1, too, was around during the Krysko matter and I am aware of the facts that led to, and the law that resulted from, that litigation., Alan Zimmet's recollection was quite clear on it. That case was far more, controversial than Mr. McMullen's 'because it Involved a mental disability rather than a physical disability. That decision is controlling still, and Is based upon . well established legal principles. Don McMullen's pension application file contains medical Information which was considered by the Pension Advisory Committee and deemed sufficient. Officer McMullen has been certified disabled by a state agency. There is no contradictory medical Information in the file. The board of trustees did not question the sufficiency of the medical evidence, even if it had the power to do so. I note that City Ordinance reposes the fact-finding responsibility in the Pension Advisory Committee, in any event. Section 2,395 of the City Code empowers the board of trustees to invest and reinvest the assets of the municipal employees' pension fund. The trustees, in the performance of their duties, are authorized to seek, obtain and engage independent professional investment counsel and advice. The trustees are not authorized to make independent findings of fact. The title of "trustee" implies a fiduciary guardianship responsibility, and not a fact-finding role. That is the sole responsibility of the Pension Advisory Committee: "The committee shall determine all facts which are necessary to establish the right of an applicant to benefits pursuant to this division," 2.395(2)(e), City Code. The Krysko case confirmed this scheme. , My review of the ,meeting of the Board of Trustees reveals that Mike Laursen was asked if there was a desk job that did not involve the stresses of a patrol assignment. He allowed as how there probably was. There was discussion by Commissioner Deegan about assigning Don McMullen to such a position and it was pointed out that such assignments had been made in the past, but only for those on temporary, disability. Mr. Laursen pointed out that Officer -McMullen can no longer perform the full range of duties required of a police officer due to his line-of-duty injury (which is all that Is required to vest entitlement to a disability pension under the current law), Mr. Deegan then proceeded to level a general attack against the current disability pension ordinance, which condemnation was joined by Commissioner Thomas. What happened next is illuminating. Mr. Thomas decided that "now" is the May 6, 1994 Page 3 RE: Don McMullen Disability Pension time to change the disability pension plan. He stated that the pension application should be rejected In order to ".force the issue on top of the table" because the citizens are being "ripped off." After citing the cost of early disability retirement to the taxpayers, Mr. Thomas made a revealing comment: "So I am going to recommend to deny, regardless of what the consequences are." Those are not the words of a responsible guardian of the public treasury. There was no discussion of the sufficiency of the application, or the fact of the officer's disability. The only discussion Involved the viability of the current pension ordinance disability provision. Mr. Thomas refused to be a "rubber stamp," although you correctly informed him that, under the current ordinance, that is essentially what the board of trustees is (having deferred their primary investment responsibilities to experts, leaving them no other significant responsibility). He then opined that action on Officer McMullen's disability pension should be delayed until the law could be changed In a referendum in November, even though the officer has satisfied the current requirements and his entitlement has vested under the current law. As for the unlawful labor practice, I must commend the patience of Kathy Rice, who tried valiantly to explain to Mr. Thomas the necessity to bargain In good faith any change in the terms and conditions of employment which would have an impact on the members of the bargaining unit. Commissioner Thomas' response was startling: "Miss Rice there is a time when we have to take a stand." He added, "We are the ones who are supposed to lead the way." He later commented that he did not expect to win the current dispute, but that was less important than forcing the issue. About this time Officer McMullen stepped forward and explained the problems he was having with the city in obtaining his disability benefits. He was out of work, out of benefits, prevented from working light duty because existing rules do not permit a permanently disabled worker to work light duty, and forced by Risk Management to start making good faith work searches. He did so, and found a clerical position paying $7 an hour.. He would need to work to supplement the pension he thought he was going to start collecting. When it appeared as though the board of trustees was going to vote for a lengthy remand to the Pension Advisory Committee, he had to address the board of trustees and explain how their arbitrary action was about to put him in the "poor house." After hearing the officer and having a brief discussion of the Krysko case, along with some comments around the table about the Inadvisability of jumping headlong into waters charted with the debris of past defeats, Commissioner Deegan moved to remand the matter back to' the PAC "asking them to reconsider whether the patrolman in question is still not able to perform adequately at the job of a police May G, 1994 Page 4 RE: Don McMullen Disability Pension. officer if certain asst me is were made to him." So, It appears on the record that the board of trustees remanded Officer McMullen's pension to the Pension Advisory Committee for the purpose of making either a personnel decision or an Inquiry which Is Inconsistent with the committee's authority. In the. meantime, Ms. Rice and Police Chief Sid Klein found a temporary assignment for Officer McMullen that preserves his Income while the pension, matter is being reviewed. That appears to be precedent setting. I went before the Pension. Advisory Committee with Officer McMullen, Lodge 10 President Pete Fire,, and board member Dennis Acker on May 4, 1994. At that meeting, the PAC did all that they could legally do -- they voted to send Officer. McMullen for an Independent medical examination (IME) to confirm what four other doctors have already determined. (Talk about wasting the taxpayers' moneyl Of course, it isn't taxpayer's money at all; It is pension fund money.) We hope to have that IME conducted in short order and have this matter back before the board of trustees within 30 days. The next time Mr. McMullen comes before the board of trustees I will be with him. We will expect the board of trustees to fulfill its obligation under the law as it currently exists. There will be no reason or legal cause, for, further delay or pontification. With kindest regards, I remain Very truly yours, cc: Peter. Fire, Pres., F.O.P. Lodge 10 Don McMullen Chief Sid Klein Robert G. Walker, ]r. Attorney at Law M RGW/n%,/FOP/P ENStON/McMU LIEN/Garvey.D2 DATE: May 27, 1994 RE: C,ommivAeit Meeting - May 31, 1994 1 am requesting that the application of Officer Don McMullen once again be remanded hack to the PAC. Dr. William R. Greenberg conduced an Independent Medical Evaluation (IME) on Officer McMullen, reference his letter 'dated May 16, 1..994. The last sentence on page-one, "Unfortunately, I do not have all of the views from the scan available today in the folder", would, indicate to me that the doctor has not completed his evaluation. I suggest we wait until all of the information has been received before we hear this -application.