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Home My WebLink About01-02-2008City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 -10:00 AM -Council Conference Room MINUTES CALL TO ORDER Chair Jim Kelly called the meeting to order at 10:00 a.m. in the Council Conference Room located at Auburn City Hall, 25 West Main Street in Auburn. Chair Kelly and the following Board members were present: Chair Pro Tem Bud Larson (member-at-large), Member Bill Petersen, Member Lynn Norman and Member Virginia Haugen. Also present were Board Attorney Joseph Beck and Board Secretary Danielle Daskam. II. ELECTION OF CHAIRPERSON AND CHAIRPERSON PRO TEMPORE Section 1.05 of the LEOFF Board Policies and Procedures provides that at the first meeting of each year, the members shall elect from among the members, a member to serve as Chairperson and a member to serve as Chairperson pro tempore. Motion by Member Petersen, second by Chair Pro Tem Larson to nominate and elect Jim Kelly as Chairperson for the year 2008. MOTION CARRIED UNANIMOUSLY. 5-0. Motion by Member Petersen, second by Member Norman to nominate and elect Bud Larson as Chairperson Pro Tem for the year 2008. MOTION CARRIED UNANIMOUSLY. 5-0. III. APPROVAL OF MINUTES A. Minutes of the December 4, 2007 LEOFF Board Meeting Motion by Member Petersen, second by Chair Pro Tem Larson to approve the December 4, 2007 minutes as distributed. MOTION CARRIED UNANIMOUSLY. 5-0. IV. UNFINISHED BUSINESS A. Pending Disability Leave/Retirement Applications Rich Schneider Effective Date of Disability: July 7, 2007 Last Day of Service: July 6, 2007 LEOFF Board Minutes January 2, 2008 Page 1 City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 -10:00 AM -Council Conference Room On July 3, 2007, the LEOFF Board approved disability leave for Rich Schneider effective July 7, 2007. Mr. Schneider was examined by the Board physician, Robert Thompson, M.D. of OMAC on December 10, 2007. A copy of Dr. Thompson's report of examination was distributed prior to the meeting. Board Attorney Beck reviewed RCW 51.32.185, Occupational diseases -Presumption of occupational diseases for firefighters and Auburn LEOFF Board Policies and Procedures Sections 4.01 and 4.02. RCW 51.32.185 provides a prima facie presumption that respiratory disease, any heart problems experienced within seventy-two hours of strenuous physical exertion due to firefighting activities, cancer, and infectious diseases are occupational diseases. The presumption of occupational disease may be rebutted by a preponderance of the evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities. Motion by Chair Pro Tem Larson, second by Member Petersen to approve disability retirement for Richard Schneider effective January 7, 2008, based on the Board physician's report of examination and the information provided by Mr. Schneider's doctors to date. MOTION CARRIED. 4-0. Member Haugen abstained. Motion by Member Petersen, second by Chair Pro Tem Larson to find that Mr. Schneider's pulmonary disease (asthma) was incurred in the line of duty based on the medical evidence provided, and not in other employment. MOTION CARRIED UNANIMOUSLY. 5-0. Motion by Chair Pro Tem Larson, second by Member Petersen to find that Mr. Schneider's disability prevents him from returning to duty. MOTION CARRIED UNANIMOUSLY. 5-0. B. Medical/Hearing/Vision Claims LEOFF Board Minutes January 2, 2008 Page 2 City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 -10:00 AM -Council Conference Room 1. Edward J. Wilson Request for reimbursement of medical expenses in the amount of $665.00 for services received on May 5, 2007. On October 2, November 20 and December 4, 2007, the Board tabled Mr. Wilson's claim pending the receipt of the insurance explanation of benefits statement(s). No new information was received. Motion by Chair Pro Tem Larson, second by Member Petersen to deny the claim pending the information requested. MOTION CARRIED UNANIMOUSLY. 5-0. V. NEW BUSINESS A. Disability Leave/Retirement Applications No new application for disability leave/retirement was received. B. Appeals/Requests for Reconsideration No request for reconsideration was received. C. Medical/Hearing/Vision Claims 1. Bob Almy a) Request for reimbursement of vision expenses in the amount of $222.57. Mr. Almy has not received reimbursement for vision expenses within the last year. Motion by Chair Pro Tem Larson, second by Member Petersen to approve the claim in the amount of $222.57. MOTION CARRIED UNANIMOUSLY. 5-0. b) Request for reimbursement of dental expenses in the amount of $90.00. Motion by Member Petersen, second by Chair Pro Tem Larson to approve the claim in the amount of $90.00 MOTION CARRIED UNANIMOUSLY. 5-0. LEOFF Board Minutes January 2, 2008 Page 3 City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 -10:00 AM -Council Conference Room 2. Bruce Caldwell a) Request for reimbursement of .dental expenses in the amount of $772.56. Mr. Caldwell has not received reimbursement for dental expenses in 2007. Motion by Member Petersen, second by Chair Pro Tem Larson to approve the claim in the amount of $772.56. MOTION CARRIED UNANIMOUSLY. 5-0. b) Request for reimbursement of dental expenses in the amount of $2,374.00. Motion by Chair Pro Tem Larson, second by Member Petersen to approve the request for pre-approval of dental work in the amount of $2,374.00 finding that a medical necessity exists. MOTION CARRIED UNANIMOUSLY. 5-0. 3. Gerry Fuller Request for reimbursement of vision expenses in the amount of $225.00. Mr. Fuller has not received reimbursement for vision expenses within the last year. Motion by Member Petersen, second by Chair Pro Tem Larson to approve the claim in the amount of $225.00. MOTION CARRIED UNANIMOUSLY. 5-0. 4. Murray Board Request for reimbursement of dental expenses in the amount of $150.00. Motion by Member Petersen, second by Chair Pro Tem Larson to approve the claim in the amount of $150.00. MOTION CARRIED UNANIMOUSLY. 5-0. 5. James Fisk Request for reimbursement of dental expenses in the amount of $1,293.00. LEOFF Board Minutes January 2, 2008 Page 4 City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 -10:00 AM -Council Conference Room Motion by Chair Pro Tem Larson, second by Member Norman to approve the request for pre-approval of dental work in the amount of $1,200, which is the amount provided by policy. MOTION CARRIED. 4-0. Member Haugen abstained from voting. 6. Fred Fisher Request for reimbursement of dental expenses in the amount of $53.00. Motion by Chair Pro Tem Larson, second by Member Petersen to approve the claim in the amount of $53.00. MOTION CARRIED. 4-0. Member Haugen abstained from voting. Board Member Haugen left the meeting at this time. 7. William Petersen Request for reimbursement of dental expenses in the amount of $259.00 Mr. Petersen's claim was added as an agenda modification and copies of the claim were distributed at the meeting. Motion by Chair Pro Tem Larson, second by Member Norman to approve the claim in the amount of $259.00. MOTION CARRIED. 3-0. Member Petersen abstained from voting. D. Correspondence No correspondence was received. E. Discussion There was no additional discussion. LEOFF Board Minutes January 2, 2008 Page 5 City of Auburn Law Enforcement Officers and Firefighters Disability Board Wednesday, January 2, 2008 - 10:00 AM -Council Conference Room VI. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 10:35 a.m. APPROVED THE ~~ DAY OF FEBRUARY 2008 Jim elly, Chair Danielle Daskam, Secretary LEOFF Board Minutes January 2, 2008 Page 6