05-29-2008CITY OF EDGEWATER FIREFIGHTERS'
PENSION FUND
RE: DAVID NEWELL APPLICATION FOR LINE OF DUTY DISABILITY BENEFITS
ORDER DENYING APPLICATION
FOR LINE OF DUTY DISABILITY BENEFITS
At a special meeting of the Board of Trustees of the City of Edgewater Firefighters
Pension Fund held on Thursday May 29, 2008, in the Edgewater City Hall commission
chambers, an initial hearing on the application of David Newell for a line of duty disability
benefit was conducted. In attendance and voting at the May 29, 2008 initial hearing was
Chairman Jim Jollie, Secretary Ronald Hayward and trustee Gary Butts. The Board's
attorney, Kenneth R. Harrison Sr. of Sugarman & Susskind P. A., was also present, as was
Mr. Newell and his attorneys; Mr. Paul A. Kelley and Mr. Michael Clelland. This application
was considered as the only item on the agenda of the special noticed meeting of the
Board of Trustees of the City of Edgewater Firefighters Pension Fund.
At the beginning of this hearing, Mr. Newell was informed that at this initial hearing
only the application would be considered. It was further explained that if the application
was denied a written order would be issued by the board that would include, specific
finding and conclusions of the board, a description and reason for additional material or
information that the Board of Trustees felt would perfect the claim, and an explanation of
the right to request, in writing a final hearing on the claim.
The purpose of the initial meeting was to informally consider Mr. Newell's
application based upon the records before the Board of Trustees and Mr. Newell's
presentation.
After careful review of the records, including Mr. Newell's employment records, and
input from the attorney's representing Mr. Newell, the Board of Trustees voted
unanimously to deny Mr. Newell's application for a line of duty disability benefit and to
grant a non line of duty disability benefit.
The specific reason for the denial was that Mr. Newell's request does not, in the
opinion of the Board of Trustees, meet the requirement that the disability be in the line of
duty. These requirements are found in Section 155.191 of the Florida Statutes, which are
adopted by reference in Section 10 of the Edgewater Firefighters Pension Fund.
In order to perfect his claim for a line of duty disability benefit, it is necessary for
Mr. Newell to show that: the disability was caused by a specific line of duty incident or is a
condition presumed to be duty related.
This order is based upon the preliminary determination of Mr. Newell's application
and is subject to review in the manner set forth in Section 14, Claims Procedures, of the
Edgewater Firefighters Pension Fund, a copy of which is attached hereto and incorporated
by reference to explain the review procedure next available to Mr. Newell. A request for
such review must be made in writing to the Board of Trustees, City of Edgewater
Firefighters Pension Fund, within sixty (60) days after Mr. Newell's receipt of this order.
DONE and ORDERED in Edgewater, Florida, this day of June, 2008.
JIM JOLLIE, Chairman