Board schedules rehearing for firefighter Buxton after debate over heart-and-lung presumption and disability rating

The Police and Fire Retirement Fund scheduled a rehearing for firefighter Steve Buxton on June 11, 2025, after board members discussed his appeal concerning a heart-and-lung presumption and the appropriate disability rating.

During the May 14 meeting a board member asked about the meaning of "presumptive," saying, "the word presumptive means that we may not need a percentage. I don't maybe I've got the wrong interpretation of presumptive." Staff clarified the applicable calculations in Buxton's case: because his reported date of injury was after 2013, his minimum disability rating would be 50%. To qualify for a 60% rating under the rules discussed, the average whole‑body impairment rating across listed conditions needs to be 20 or higher. Buxton is arguing he should receive 60% rather than the 50% minimum.

A staff member told the board that one evaluating physician "chose not to" assign a percentage for a given condition; the board noted that Buxton will likely need to depose that physician to determine whether an assigned percentage should change. After discussion a member said the motion should stand and the rehearing was scheduled. The motion to set the rehearing was made, seconded and carried on a voice vote.

The rehearing will give the parties an opportunity to address whether additional medical evidence or clarification changes Buxton's whole‑body impairment calculation and, consequently, his disability rating. The board did not make a final determination of the rating on May 14; it only scheduled the rehearing and discussed next procedural steps.

No new benefit was granted at the May 14 meeting; the board directed staff and counsel (through the rehearing process) to obtain the needed clarifications and medical testimony.