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07/11/1990 Proceedlnss of the Pension Advisory Committee Meeting of July 11. 1990. Puge 1 Present: John Nicholson, Chairman Glenn Perry, Member Tom Pudclski, Member I j H. Michael Laursen, Personnel Director Cindy Climan, Personnel Records SpeciaUst Deborah Lally, Personnel Department Miles Lance, Assistant City Anorney Nancy Degner, Industrial Nurse Michael Dandaneau The meeting was called to order at 9:47 A.M. Tom Pudelski moved to approve the minutes of the mceting of June 20, 1990. The motion was duly seconded by Glenn Perry and carried ullanimously. John Nicholson raised a question concerning the memorandum from Michael Laursen dated June 27, 1989, regarding the procedures and guidelines which had been submitted to the Trustees. Section 5 of these guidelines states the Committee in its attempt to establish whether the employee is disabled should recognize that the employee may continue to work even lhough he/she cannol perform every task of the particular job class. Mr. Nicholson asked whether it was within the Committee's scope to make such a determination. Mr. Laursen advised him that there should be some accommodation made for employees who want to continue to work but cannot do every task. Mr. Laursen stated the new light dUlY policy the City' has adopted for employees who have been injurcd on the job is an attempt to keep these employees, active and productive while they arc being rehabilitatcd. Mr. Nicholson also suggested these guidelines include a statement to the effect that disability pensions will only be approved at a meeting where all Committee members are present. Mr. Laursen asked that the members make an effort to attend the meeting with doctors from lhe Walk~In Clinic which is scheduled for July 24, 1990, at 11:00 A.M. to address any questions Lhey have regarding the medical standards. He suggested if they couldn't attend the meeting, they put in writing any comments they may have. Mr. Nicholson asked whether someone who has a pre-edsting condition and is denied pension participation could sue the City. Mr. Laursen stated this was possible and for this reason the standards that are adopted must be related to the, work. Approval for pension participation will depend on the job class for which the applicant is being considered. The Committee considered the request for a job-connected disability pension from Michael LaFollette, Police Officer, Police Department. Letters were submitted from Dr. Kilgore (May 7. 1990) and Dr. Steinman (March 21, 1990). Both doctors stated Mr. LafoHette is permanently disabled and cannot perform the duties of a Police Officer. Tom Pude!Jski moved that Michael LaFollette be granted a job-connected disability pension effective on a date to be, determined based on Mr. LaFoIlcltc's disability that resulted from on-thc~job circumstances which is described as an injury to his left calf, said disability making him permanently unable to perform his job and documented by medical statements of ~ i J 1 I I Proceedings of the Pension Advisory Committee Meeting of July 11, 1990. Page 2 };,,, . . ,J r , . i.~: "( 1.\ . Dr. William E. Kilgore, dated May 7, 1990, and Dr. Harry Steinman, dated March 21. 1990. The motion wos duly seconded by Glenn Perry and carried unanimously. The Committee considered the request of George Mobleys Pollee Officers Pollee De p II r t men t. for a job-connected disability pension. Mr. Nicholson spoke with Cory Singletary, attorney for Mr. Mobley. who advised him that Mr. Mobley had an appointment to see another doctor. A leller from Dr. Logue had been submitted previously. Michael DQndnncQu, Police Communications Operator, Pollee Departments appeared and addressed the Committee concerning his request for n job-connected disability pension. Questions had been raised regarding documentation which renected that Mr. Dandaneau had an argument with his son and was struck with a cane which aggravated his injury. The members were concerned that Mr. Dandaneau's permanent disability may be the result of the second injury rather than the initial one which occurred on the job. There was documentation that he was recovering from the work injury prior to the argument and resultant injury. Mr. Dandaneau advised the CommHtee he had spoken to his son who told him he did not strike him with the cane but hit the chair instead. Mr. Nicholson asked Mr. Dandaneau if he had any recollection of the incident. Mr. Dandaneau stated when he saw the cane coming he rolled out of the chair in which he was sitting. He stated he saw Dr. Balis three days later and X-rays revealed there ~as no bruising which would have been visible if he had been struck. Mr. Dandaneau advised the Committee he was told he needed complete bed rest for a month and a half but his wife left and he had no one but himself to rely on and could not stay in bed. Mr. Pudelski stated the letters from Dr. Matos (May 14, 1989) and Dr. Sena (March 28, 1990) both stated Mr. DllOdaneau was hit with the cane. Mr. Nicholson said the Committee's concern was that he had been improving prior to this incident which raised a question as to whether this was still a job-connected injury. Miles Lance, Assistant City Attorney. advised the Committee it had the discretion to determine whether this is a job-connected diability or not. Mr. Lance asked Mr. Dandaneau how the original injury occurred. Mr. Dandnneau stated he was injured twice on the same day. The first injury occurred when while attempting to adjust a chair in the Communications Center he lost his balance and felt a pull in his back. Later he reached for the rolodex and the chair mat slid out from under him and he was twisted the other way. At this point he was taken to the hospital. Mr. Nicholson mentioned the fact that Mr. Dandaneau had pre-existing injuries which he had listed on his job application. According to prior opinions from the Legal Department, if someone had a prc-existing injury and re-injures it while on the job. the City pension is liable. He feels this is a similar situation. Mr. Lance advised the Committee it had to decide whether the employee would have recovered if the independent action had not occurred. Mr. Dandaneau related to the Committee that another indiccnt occurred involving a dog that attacked a girl in front of his home. In his efforts to help the girl. the dog hit him in the chest and knocked him to the ground. Mr. Dandaneau also advised the Committee he had been to another doctor since seeing Dr. Sena. ,Mr. Nicholson asked him to send a copy of this report to the Committee. Mr. Pudelski stated he would like to have the doctors contacted to see if they could submit a ,statement to the Committee as to whether or not Mr. Dandaneau was improving to the point I, f' ~ '" ~ f 1 f i i I I I 1 I ~ I I l I I , I l ~ ~ I I ~ I f I I I " t' 1" f,: r )/', i.;:~ l:' Cr.:,)' 'f,'." ,hi V" ~,;, !l:' !J :<", , . }\ -1.:i" <. '~. .: Proceedings of the Pension Advisory Committee Meeting of July II. 1990. Poge 3 where he could return to work and if the incident at home was enough to stop the improvement. Mr. Nicholson asked Mr. Laursen to write to the thrce doctors (Sena. Balls, and Matos). Mr. Nicholson advised Mr. Dandaneau that when the information is received he would be notified that the Committee wi11 discuss this again. No new" information was received from Jacqueline Sulek, former Assistant Purchnslng Monnger, Purchasing Division. In regard to the request of Deborah Patterson, Meter Rea d er 1, Utllltles Finance Division, for a job-connected disnbil ity pension. the reports from her doctors have not been received. With respect to the request of John Greiner, Survey Party Chief, Public Worlts Department, no new information has been received. A lcttcr from Dr. Logue dated June 5. 1990, states Mr. Greiner should not lift marc than ,25 pounds. There is also a letter from Dr. Harris dated April 24, 1990. which states his condition is "conceivably job-related and aggravated by lifting. It Discussion cnsued conccrning Russell Dunning, Maintenance Worker II, Public Service. Mr. Dunning was approved by the Walk-In Clinic for hire and pension panicipation pending evaluation by the Pension Advisory Committee. Mr. Nicholson asked Mr. Lance if a lettcr could be put in Mr. Dunning's file advising him that if he should apply for disability at a later time due to his heart condition, it would not be job-connected. Mr. Lance advised thc Committee he did not think a letter would be binding on any future committee. John Nicholson moved that based on the letter from Dr. Goodrich and the statement on the employment form Russell Dunning be denied membership in thc Pension Plan. Thc motion was duly seconded by Olenn Perry and carried unanimously. The Committee considered the request of David W. Miller, Police Officer, Police Department. to vest his pension. Tom Pudelski moved that David W. Miller be allowed to vest his pension. The motion was duly seconded by Glenn Perry and carried unanimously. Mr. Nicholson made reference to a copy of a memorandum from Dan Deignan. Finance Director, to the Trustees concerning investment managers for the Pension Plan. The memorandum suggests that another manager be added to the existing managers. John Nicholson moved that a rccommendation be sent to Dan Deignan advising him that his suggestion is good and he should proceed. The motion was duly seconded by Glenn Perry and carried unanimously. Mr. Nicholson asked that a copy of these minutes be sent to Sgt. De Santis. Mr. Nicholson stated the Committee can approve or deny the request of Joseph DeSantis, Police Sergeant, Police Department, to buy back his pension participation if he does not present his plan within a reasonable time. Mr. Nicholson recommended that his request be denied if he does not come up witb a plan. Discussion ensued. At the conclusion it was determined t~at if, Sgt. DeSantis did not present a plan to the Committee on July 18th. he would be given until July 23rd at which time he would be dropped from the agenda. \\ >., , f i , I I I I ~ I ~ , I Proceedings of the Pension Advisory Committee Meeting of July 11 t J 990. Pago 4 Tom Pudolski read the nomc(s) of the foHowlng employcc(s) to be accepted Into membership In the Pension Plan: Dale of Employment Pension Elli. Date Jo.mes Zeuy. WWTP Oper. Trainee Lewis Ingram, Sanitation Worker Barbara Hagen. Data Entry Operator I MAtthew Bishop, Me'ter Reader I }Madra Matthews. Personnel Assistant Beth Ann Hauser, Police Com. Oper. Traince Jeffrey Borden, WWTP Oper. Trainee Pub. Wks./WPC Pub. Wks./San. DOAS/UtU. Finance DOAS/Utll. Finance Pc rsonn el Police Pub. Wks./WPC 6-4-90 10-2-89 7 -9-90 6-18-90 7..2-90 6-25-90 6-4-90 6-4.90 10-2.89 7-9-90 6-18..90 , 7-2-90 6-25-90 6-4-90 Tom Pudelski moved that the employee(s) listed above be accepted inlo the Pension Plan. The motion was. ,duly seconded by Glenn Perry and carried unanimously. Tom Pudelski ~oved that the meeting be adjourned. The motion was duly seconded by 10hn Nicholson and carried unanimously. The meeting adjourned at 11: 13 A.M. Personnel Secretary, Committee . _:'1 , , " " '> , "