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Board approves higher disability rating and back pay for retired firefighter Stephen R. Buxton
Summary
At a Sept. 10 rehearing, the Police and Fire Retirement Fund board accepted an additional impairment for firefighter Stephen R. Buxton, set the disability rate at 63 percent and authorized back pay to his original approval date.
The Police and Fire Retirement Fund board of the Lexington-Fayette Urban County Government on Sept. 10 granted an increased occupational disability rating for retired firefighter Stephen R. Buxton, approved a 63 percent impairment rate and ordered the resulting annuity to be backdated to his original disability approval.
The rehearing was held under Kentucky Revised Statute 67A.660 to consider whether Buxton’s disability percentage should be adjusted to include an asthma-related impairment assessment provided by Dr. Gregory T. Snyder, M.D., in addition to the whole-person impairment previously considered from Dr. Frank A. Burke, M.D. The board’s legal counsel submitted the administrative record into evidence before the hearing began.
Board chair Chief Wells opened the evidentiary rehearing and read the scope of review, telling attendees the specified issue was whether the board had correctly determined Buxton’s percentage of disability and whether it should be adjusted upward to include Dr. Snyder’s asthma impairment calculation. The board’s legal counsel, Roger Wright, and Buxton’s legal counsel, Donald Todd, were present; Secretary Collins submitted the administrative record.
Trustee Tommy Puckett moved to grant the additional impairment percentage, saying the matter should be resolved quickly given a doctor had subsequently provided a rating after receiving additional information. Puckett’s motion was seconded. During discussion trustees asked whether the award would include back pay to Buxton’s initial disability approval; the motion was amended to set the rate at 63 percent and include back pay to the initial approval date.
Donald Todd, Buxton’s attorney, “stipulate[d] to that. We agree,” when asked to confirm the 63 percent figure matched the evidence of record. After further brief discussion the board voted; the chair called for those in favor and the motion carried.
The board’s action will increase Buxton’s annuity going forward and will be applied retroactively to the date of his original disability approval. The board did not record individual roll-call vote totals in the public transcript; the motion passed on the board’s voice vote as reflected in the hearing record.
The hearing record identifies physician reports by Dr. Frank A. Burke, M.D., and Dr. Gregory T. Snyder, M.D., as part of the administrative file considered by the board. The board’s order and any implementing paperwork will be prepared by staff and recorded in the fund’s administrative record.
The meeting moved on after the board announced the motion carried and other business continued.
