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Board counsel: medical records received; IME required before disability retirement decision for former officer
Summary
Board counsel reported the plan received remaining medical records for a former officer (Chrisman) and that the ordinance/statute requires an independent medical examination (IME); scheduling a cardiologist IME has proved difficult and could delay a decision by weeks to months.
Gary (Board counsel) updated the board that the pension office received remaining medical records for former officer Chrisman within the last 24 hours and that Baptist Hospital had been delayed due to a change in their medical-records vendor. "I think we've got all the medical records, and so now we're trying to get an IME scheduled," Gary said.
Gary told the board the ordinance/statute requires an IME before a disability retirement determination: "The ordinance specifically says you have to have an IME... The statute says shall have an IME," he said. Board members and counsel discussed challenges finding a cardiologist to perform the IME; if a local cardiologist cannot be found, Gary said the board would broaden the search to a clinician qualified to perform the IME and who understands the condition at issue.
Gary also explained a statutory presumption could apply in cases where a pre-employment physical showed no condition and a current diagnosis exists; if that presumption is not rebutted and the IME and treating physicians conclude the member cannot perform police duties, the member could be entitled to a disability retirement. "There's gonna be a statutory presumption... and unless that statutory presumption can be rebutted, then he would be entitled to a disability retirement," Gary said.
On process and timing, Gary described an informal hearing based on the paper record (treating physicians and IME) that can resolve the case if the evidence is consistent; if not, the board can hold a formal hearing with discovery. Board members discussed possible upcoming meeting dates in March or April to review the IME and said they would try to expedite scheduling. The transcript records the board discussing the retroactive nature of any disability award: if approved, payments are retroactive to the retirement date but the member is not receiving benefits while the process is outstanding.
No final determination was made at the meeting; counsel said the next actionable step is to schedule and complete the IME and then proceed with the informal hearing or, if necessary, a formal hearing.
