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Evansville pension board approves ankle impairment as Class 3, denies other claims in John Porter disability hearing

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Summary

The Evansville Police Department Pension Board considered five claimed impairments for officer John Porter and approved only the ankle as a covered impairment, classifying it as Class 3 under Indiana law; motions on PTSD, a blood clot, the back and the shoulder failed for lack of a second.

The Evansville Police Department Pension Board on an administrative hearing for John Porter considered five claimed impairments and approved only an ankle impairment, classifying it as a Class 3 covered impairment under Indiana Code 36-8-8-12.5. Motions to find PTSD, a blood clot, a back impairment and a shoulder impairment as covered under Indiana Code 36-8-8-12.3 were made but failed for lack of a second.

Board members established a quorum at the start of the hearing. Present were President pro tem Mary McCormick; Secretary Rick Hubbard; active members Jeff Ryvogel, Kyle Castle and Patrick McDonald. Treasurer Robert Gunter, Chief of Police Phil Smith and Mayor Terry were recorded as absent. Board attorney Marco DeLucio was present. The board announced it would consider five reported impairments individually: PTSD, ankle, blood clot, back and shoulder.

A motion to find a PTSD impairment covered under Indiana Code 36-8-8-12.3 was made but received no second and therefore was denied. The board then considered the ankle. A motion to find the ankle a covered impairment under Indiana Code 36-8-8-12.3 was seconded and approved by recorded vote. The board subsequently voted on classification: a motion to classify the approved ankle impairment as Class 3 under Indiana Code 36-8-8-12.5 was seconded by Kyle Castle and passed with five affirmative votes (Mary McCormick, Rick Hubbard, Jeff Ryvogel, Kyle Castle and Patrick McDonald).

Separate motions to find a blood clot, a back impairment and a shoulder impairment covered under Indiana Code 36-8-8-12.3 were each made but received no second and were recorded as denied. The meeting concluded with the board scheduling its next regular meeting for Wednesday, July 2, 2025, in Room 307 at Civic Center Plaza at 8:15 a.m. The session adjourned at 10:35 a.m.

The board record shows the ankle impairment for John Porter was the only condition found to meet the covered-impairment standard and that it was assigned a Class 3 severity for benefit purposes under the cited Indiana statutes. The transcript did not specify benefit amounts, effective dates for benefit payments, or medical evidence detail; those items were not stated during the hearing.