HomeMy WebLinkAbout1993-04-15 - Agendas - Final•
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AGENDA
POLICE PENSION BOARD MEETING
April 15, 1993
1. Minutes of the previous meeting
2. Old Business
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A. Charles Johnson Retirement Request
3 New Business
A. Investment Report - Mike Kirkland, Dean Witter
B. Kay Frank, Madison Investment,
Other Business
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MINUTES OF A POLICE PENSION BOARD MEETING
A special meeting of the Police Pension Board was held on March 30,
1993, at 9:00 a.m. in Room 326 of the City Administration Building,
113 W. Mountain•, Fayetteville, Arkansas.
PRESENT: Eldon Roberts, Jerry Friend, Rick Hoyt, Hollis Spencer,
Dr. James Mashburn, Mayor Fred Hanna, City Clerk Sherry
Thomas, City Attorney Jerry Rose, and Administrative
Services Director Ben Mayes.
CALL TO ORDER
Mayor Hanna called the meeting to order stating the purpose of this
special meeting is to further consider the retirement requests of
Charles F. Johnson and Mary Mueller and to consider the retirement
request submitted by Dennis Taylor.
MARY MUELLER RETIREMENT REQUEST
Roberts asked Dr. Mashburn to respond to the letter written by Dr.
Garbutt.
Spencer asked if it was common practice for a letter of this type
to be dictated but not read and not signed by the physician.
City Attorney Rose stated this is quite a common practice, but the
Board could always request a signature from the doctor.
Dr. Mashburn stated according to the letter of Dr. Kirk Johnson
Mueller strained her shoulder and injured the rotator cup. The
degenerative disease he mentioned is a normal part of the aging
process and cannot be strictly defined as a result of the injury.
Dr. Mashburn stated normally injuries of this type can be helped by
surgery or other medical treatments. Dr. Garbutt's letter states
Mueller's shoulder has some tendinitis. While this is a cause of
pain, it, too, can be treated.
Dr. Mashburn stated while the injury did occur while on the firing
range, he feels if Mueller had received proper treatment by a
sports injury physician, her injury could have been helped. He had
hoped in second opinion the Board had requested for Mueller, the
orthopedic physician would have recommended methods of treatment to
help the injury. However, the letter from Dr. Garbutt contains
nothing about treatment. Apparently, she went to the physician and
told him she was applying for disability and needed a letter from
him. He stated he would approve a regular medical retirement, but
because her shoulder injury was not properly treated, he does not
feel a line of duty disability retirement would be appropriate.
Dr. Mashburn, seconded by Roberts, made a motion to approve a
regular medical retirement and not a line a duty disability
retirement for Rosemary Mueller.
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March 30, 1993
Hoyt asked is Mueller's only reason for requesting retirement was
the tendinitis in the shoulder.
Dr. Mashburn stated the problems with her spine mentioned by Dr.
Garbutt are related to the natural aging process.
Friend asked if Dr. Mashburn felt the spinal problem is enough to
base a medical retirement upon.
Hoyt asked if there was no tendinitis at all, what would be Dr.
Mashburn's feeling about the retirement request.
Dr. Mashburn stated he was surprised by this letter from Dr.
Garbutt. He had wanted Mueller to get help with her shoulder from
this physician. She got no advice or treatment for her shoulder.
Dr. Mashburn stated there are things that can be done to help this
type of injury. Tendinitis is not a total and permanent
disability.
Hoyt asked if the tendinitis cleared up, would the rest of the
medical problems be enough to retire on.
Dr. Mashburn stated all of us as we get older have problems. He
would be willing to go along with the medical retirement only.
The motion to approve medical retirement for Rosemary Mueller
passed by a vote of 4 to 1, with Hoyt voting no.
DENNIS TAYLOR RETIREMENT REOUEST
Roberts stated the first letter on Taylor was from Dr. Heinzelmann
who stated he could return to work. The second letter which was
received the same day was from the Family Practice Center that did
not recommend him coming back to work. The third letter is from
Dr. Garbutt who stated Taylor should not return to work.
Yesterday, he received a letter from Dr. Bailey who stated Taylor
had a permanent weakness in his forearm.
Roberts stated he saw a glitch in this request because Dr.
Heinzelmann is the doctor who performed Taylor's surgery, and he is
the one saying Taylor could return to work.
Taylor stated he had three opinions that stated he should not
return to work.
Dr. Mashburn stated Dr. Heinzelmann wrote on March 2, 1993, that
Taylor could return to work without any restrictions as of March 8.
He sees nothing in the letter from Dr. Hart that he knows about
Taylor's surgery for carpal tunnel syndrome. Dr. Mashburn stated
the surgery was performed on January 12, 1993, which is about two
and one-half months ago. He stated it takes time for the muscles
to return to normal strength after surgery. With exercise and
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March 30, 1993
treatment, there should be improvement in strength. Dr. Mashburn
asked Taylor if he had received any physical therapy.
Taylor stated he started receiving therapy after surgery and is
still getting treatments. He stated his arm has about 1/2 his
normal strength, and the doctors tell him they do not expect much
more improvement.
Dr. Mashburn stated he would like to have more information from Dr.
Heinzelmann.
Taylor stated he has tried to shoot his pistol, and he managed to
do so but with pain to his arm.
Dr. Mashburn stated Dr. Heinzelmann saw the original injury and did
the surgery. He stated Taylor had other doctors' opinions, but he
would like to hear from Dr. Heinzelmann.
Roberts asked if Dr. Heinzelmann did any computer tests like the
other doctors had performed.
Taylor stated he did not do any of the tests, but he was sent the
results. However, Dr. Heinzelmann wrote his letter releasing him
before he saw the results of the computer tests.
Mayor Hanna stated one of the opinions states Taylor has a decrease
in strength, but it does not address any reason for the decrease.
Dr. Mashburn stated Taylor's disability may have been more before
he had the surgery. The surgery should have given him some relief.
Roberts asked what is the percent of recovery from this type of
surgery.
Dr. Mashburn stated he did not know. This is one of the reasons he
feels the Board should hear more from Dr. Heinzelmann.
Roberts stated Taylor has not asked for duty related retirement,
just the regular medical retirement.
Dr. Mashburn stated he would like to have more detail from each of
the physicians' opinions stating they were aware of Taylor's
surgery and what they expect the outcome to be and if therapy will
help.
Hoyt asked if there were tests available that he was aware of that
are completely objective and fool proof.
Dr. Mashburn stated he does not know, but he can sure find out. He
feels the Board needs to ask for further information before
deciding on this retirement request.
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March 30, 1993
At this point, Taylor left to call Dr. Heinzelmann. The Board
recessed on Taylor's request until he returned and discussed
Charles Johnson's request.
CHARLES JOHNSON RETIREMENT REQUEST
Roberts stated in a letter dated February 11, 1993, Johnson is
asking for a line of duty disability retirement, or 65% of his
current salary. He presented the Board with two letters from Dr.
Garbutt dated January 14 and February 11, 1993 stating an arthritis
condition with his long finger on his right hand. The Board met
and discussed that information, and sent Johnson a request for
additional information, which he has now supplied.
Friend asked if it would be premature to make a motion to deny the
65% disability retirement. He does not feel, based on the medical
information, this injury can be pinned down to any one incident.
Friend, seconded by Roberts, made a motion to deny the 65% line of
duty disability retirement. The motion passed by a unanimous vote.
REGULAR MEDICAL RETIREMENT
Friend asked how much disability does one get from an injury to one
finger.
Dr. Mashburn stated the degree of disability is the least with a
little finger and increases with each finger toward the thumb with
the most amount of disability resulting from the loss of use of the
thumb.
Roberts stated much of the new medical information talks about an
injury to the little finger on the right hand.
Dr. Mashburn stated in the letter from Dr. Garbutt he states there
is no permanent injury.
Roberts said Dr. Whiting states he was seeing Johnson about a
baseball injury to his hand.
Dr. Mashburn stated Dr. Sterling just gives him the measure about
how much he could use the finger. He states there is a 3% partial
permanent impairment which will probably have a 10% impairment
because of arthritis.
Friend asked Dr. Mashburn if he thought this amount of impairment
should cause Johnson to retire. He also asked if only one finger
is causing pain, can that effect the whole hand.
Dr. Mashburn stated the pain from one finger could effect the whole
hand. He stated at no point do any of the medical reports stated
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March 30, 1993
the disability is such that would impair Johnson from working as a
police officer.
Hoyt stated in Dr. Garbutt's February 11, 1993 letter, he does
state that.
Dr. Mashburn stated the letter says he cannot handle his service
revolver and recommended a career change. He stated there is
arthritis of the finger and some degree of joint disease. Dr.
Mashburn stated the police department should know if Johnson is
unable to handle his weapon. He asked what Johnson's score were on
the last shooting drills.
Hoyt stated the problems Johnson is talking about came up after the
last shooting drill.
Roberts asked if there was only the one medical opinion from Dr.
Garbutt.
Hoyt stated there was an earlier opinion from Dr. Duke Harris.
Dr. Mashburn stated Johnson changed from Dr. Harris to Dr. Garbutt.
Roberts stated the Board has the authority to require another
medical examination.
Hoyt stated a person could always say his hand hurt and shoot crazy
during a drill. There is no way to prove that.
Dr. Mashburn stated he would like to have an opinion of another
orthopedic surgeon and from another group of doctors than those
associated with Dr. Garbutt.
Hoyt stated the Board has the authority to name a physician for
someone to see for an opinion.
Dr. Mashburn stated he would like to use Dr. James Moore because he
is a hand specialist at the Fayetteville Orthopedic Clinic for a
second opinion.
Roberts stated the Police Pension Fund is not required to pay for
this examination.
Dr. Mashburn stated the Board needs to ask Johnson the following
questions:
1) What is the long term prognosis for the injury?
2) Can the injury be improved by treatment?
• 3) What is the percentage of disability of the hand and the
percentage of disability as it relates to the whole body?
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March 30, 1993
The Board stated they would meet again to further discuss Johnson's
request after they received the additional information from Dr.
Moore.
DENNIS TAYLOL RETIREMENT REQUEST CONTINUED
Friend asked Taylor if he had seen Dr. Heinzelmann since March 2,
and Taylor stated he had not. However, Taylor stated Dr.
Heinzelmann has seen the results of the tests administered by the
other doctor.
Dr. Mashburn left the meeting to talk on the phone with Dr.
Heinzelmann. When he returned to the meeting, he stated Dr.
Heinzelmann had stated he was aware of the opinions of Drs.
Garbutt, Bailey, and Hart. He felt he could support a medical
retirement for Taylor. He did state it should take a full four
months before Taylor could expect a full recovery from the surgery.
However, Dr. Heinzelmann stated he felt it was ok to retire Taylor.
Dr. Mashburn stated the doctor who did the surgery had told him to
go back to work, but now he states he would support a medical
retirement.
Hoyt asked why he thought Dr. Heinzelmann changed his position.
Dr. Mashburn stated four months was the time he felt it should take
for recovery. But, at this time, if there was still weakness,
Taylor may not see much more recovery.
Dr. Mashburn, seconded by Spencer, made a motion to approve a
regular medical retirement effective March 30, 1993. The motion
passed by a vote of 4 to 1, with Hoyt voting no.
Roberts reminded Taylor that he, as well as Mueller, would be
required to get a medical opinion regarding their disability and
provide to the Board every 6 months.
Roberts stated he would like to have a letter from Dr. Heinzelmann
stating the information he had given to Dr. Mashburn so it could be
kept in the records.
ADJOURNMENT
The meeting adjourned at 10:30 a.m.
kwest
Orthopaedic Center
gold H. Garbutt, M.O. • Orthopaedic Surgeon
May 4, 1993
To Whom It May Concern:
Re: Charles Johnson
I.D: 11673
Cecil Garner • Adedseuator
405
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Officer Charles Johnson has been seen once again in our clinic. We
have seen him today and have reviewed my consultant, Dr. James Moore's letter
of 04-13-93. I concur with him in his findings and while it is true that.
a ganglion cyst of the dorsum of the wrist within.a flexor tendon sheath
that exists could really be corrected surgically with less than 25% loss of
range of motion of that finger. I feel that in all probability very little
attention was turned to what Dr. Moore has called a calcification within
the P.I.P. joint of the right middle finger with mild arthritis. As I see it
the excision of this calcification, in consultation with Dr. Moore, he vas
unsure as to whether this represents an exostosis or a small fracture fragment
from the lip of the middle phalanx, which would be fraught with high risk of not
being able to perform the duties of a law enforcement officer.
It is certain that he could continue to be a law enforement officer if
hehad the rank necessary to assume a well paying desk job or if all
criminals whom he sought to bring in were totally cooperative and
gentlemanly in their acts. Since we know this is an eutopic dre-amiso.is
the idea of getting him back into active police duty.
On today's examination I find him to have persistent weakness of grip
strength in his right hand and a very tender area of the P.I.P. joint
of the index finger. These findings have not changed in the past months.
Thank you for your attention to this matter.
LHG:fd
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