08-13-2021 - Initial Disability HearingCITY OF EDGEWATER
FIREFIGHTERS' PENSION BOARD
INITIAL DISABILITY HEARING MEETING MINUTES
City Hall Council Chambers
TRUSTEES PRESENT: Justin Nickels
Herb Epstein
James Binder
TRUSTEES ABSENT: Ron Hayward
David Blair
OTHERS PRESENT: Pedro Herrera, Sugarman & Susskind (via phone)
Michelle Rodriguez, Foster & Foster
Gregory $wets, Member of the Plan
1. Call to Order— Justin Nickels called the meeting to order at 11:06am.
2. Roll Call — As reflected above.
3, Public Comments — None.
4. New Business
a. Initial Disability Hearing — Gregory Swets
L Pedro Herrera commented Mr. Swets had the right to request a full five -member
board for this hearing, Gregory Swets waived his right to a full board.
ii. Pedro Herrera reviewed the purpose and procedures of the disability retirement
process. Pedro commented it was the board's responsibility to fulfil their fiduciary
responsibility by following a prudent process to come to a legally defensible
decision. It was the member's burden to prove a preponderance of evidence which
was 51% and not beyond a reasonable doubt as with a criminal case.
iii. Gregory Swats explained his reasons for applying for a service -connected
disability retirement.
iv. Pedro commented there were five questions included in the Independent Medical
Examination (IME) report that the board needed to consider,
v. Justin Nickels asked if the DSM was valid criteria to base a disability on. Pedro
Herrera said it was.
vi. The board discussed the five previously mentioned questions and agreed the
answer to questions 1, 2, 3 are negative.
vii. Justin Nickels asked for clarification of EMDR therapy mentioned in question 4a.
viii. Gregory Swets commented he had been in EMDR for four months and it was
helpful,
ix. The board discussed question 5 and agreed with the IME's answer.
111 !,• 111 1 !Jill I 1 11111,
Apprcav by:
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stin Nickels, Chairman
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