Title
Application for Disability Retirement for Lonnie Harvey, Jr. (B)
Explanation
The applicant, Lonnie Harvey, Jr. received notification on December 11, 2006 that his position as a Transit Operator could no longer be held open past December 21, 2006 due to the exhaustion of his FMLA leave and that he should make inquiries into any post-employment benefits that may be available. On December 20, 2006, Mr. Harvey applied for disability retirement. All information was forwarded to the City of Gainesville's Third Party Administrator for review. On Friday, April 6, 2007, the Disability Review Committee met to review the application.
The Disability Review Committee reviewed the application and clinical assessment of the Third Party Administrator. Upon review of the application, it was noted according to Mr. Harvey's application, the injury occurred in July 1991, which was prior to his hire date of April 11, 2005. According to the Disability Pension Plan Division 6, section 2-560: (b) All preexisting physical or mental disabilities, impairments or limitations shall be stated on the medical history record. The employees shall, by signing a statement, waive any and all future rights to a disability pension (except one rising out of and in the course of employment with the city) from the city if the future disability results from or is caused by a condition existing prior to employment or reemployment by the city.
This injury is a result of a pre-existing condition incurred through a previous employer and not an in-line of duty disability. Therefore to grant a disability retirement under these circumstances would be a violation of the ordinance.
The Disability Review Committee determined that under these circumstances, Mr. Harvey was not eligible for a disability benefit and is recommending denial of the application for disability benefits.
Fiscal Note
There would be no fiscal impact since no benefit is payable under the recommendation...
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