HomeMy WebLinkAbout02-09-2018 Special Minutes OLICE PENSION BOARD Page 2
MINUTES OF SPECIAL MEETING FEBRUARY 9, 2018
restrictions on the patient's activity. The other IMEs are the ones from Hartford
Insurance, the last one being on October 12, 2017. This examination looked at his
capabilities not as a police officer, and indicated that there were no functional limitations
of his neck, that he had received maximum medical improvement regarding his
shoulder, that he does complain of chronic shoulder pain, especially with above -
shoulder activity, no other significant objective findings, thus no functional limitations
were recommended regarding the shoulder symptoms. There are some additional
records that were received in a second packet which indicate that he has undergone
some additional treatments, not necessarily shoulder related, and that he is employed.
He was working as of October 12, 2017 as a building inspector full time for the County.
Ms. Jensen stated that case law states that if a person has been terminated from their
employment because the employer finds that they are unable to perform their functions,
they have to determine that the person is disabled. They do not, on the basis of that
determination, have to determine that they are permanently and totally disabled. So the
decision before the Board today is whether he is permanently and totally disabled.
Ms. Jensen stated that the other unusual circumstance in this case is the significant
length of time since Mr. Johnson was terminated in 2016. There was a hearing
scheduled for September 2016, and this is now February 2018. She then asked if
anyone had any questions after their review of the documents.
Ms. Vicars questioned the description of the duties of a building inspector. Ms. Jensen
stated that she needs to check the requirements of the building inspector job. Mr.
Gillette asked about the time frame that Mr. Johnson has been a building inspector. Ms.
Jensen stated it was described as 11 months in the doctor's report, which was as of
October 2017. Ms. Jensen stated that it was also indicated that Mr. Johnson had
become a federal investigator. Mr. Scarpa stated it was November 23, 2016 when Mr.
Johnson became an investigator, and he is currently an investigator. Mr. Johnson
described his job of investigator being mostly office work, verifying licenses and permits,
and nothing physical other than driving.
Mr. Williamson questioned some items in the file, one of which in 2016 said Mr.
Johnson was not totally disabled, no restrictions, maybe a 1% impairment. In October
2017 a report was described as no functional limitations in his neck, and shoulder had
full range of motion, power and sensation. Another report in 2016 said he may be not in
a position where he would defend himself, but he could do detective work, etc.