ABOUT LACERA

DISABILITY PROCEDURES & SERVICES COMMITTEE MINUTES - 1-7-09

PRESENT

• James P. Harris, Chair
• Yves Chery, Vice Chair
• Sadonya Antebi
• Simon S. Russin, Alternate
• Ed C. Morris

MEMBERS AT LARGE

• Simon Frumkin
• Les Robbins
• William de la Garza
• Edward Blecksmith

STAFF, ADVISORS, PARTICIPANTS

• Gregg Rademacher
• Janice Golden
• James Castranova
• Vincent Lim
• Frank Boyd
• Steve Tallant
• Oliver Kuzma, M.D.
• J. Patrick Joyce
• Debbie Juul
• Richard Schlosser
• Shari Altmark
• Darren Huey
• Jim Alvarez
• Tamara Caldwell
• Maisha Coulter
• Andy Demetroulis
• Mercie Martinez
• Debbie Semnanian
• Nichelle Porter
• Kerri Wilson
• Anna Kwan
• Debra Martin
• Vicki Neely
• Penelope Rodriguez

ATTORNEYS

• Allison Barrett

GUESTS

1. APPOINTMENT OF VOTING MEMBER(S) IN THE EVENT ONE OR MORE REGULAR COMMITTEE MEMBERS ARE ABSENT

   A quorum of regular committee members/alternates was present.

2. APPROVAL OF MINUTES OF THE REGULAR MEETING OF December 3, 2008

   A motion was made by Miss Antebi and seconded by Mr. Chery to approve the minutes of the regular meeting of December 3, 2008. The motion passed unanimously.

3. FOR INFORMATION
   1. Manager's Report Debbie Juul requested that the Committee provide suggestions on topics to be discussed at the upcoming 2009 Committee meetings.
      1. Presumption Refresher
      2. Potential Guest Speakers
      3. Site Visits
      4. Quality Control Questionnaire Process
      5. Accommodation Issues
      6. Hypertension and end organ damage
      7. Applicants who have service retired Ms. Juul informed the Committee that she will solicit Requests for Proposals for referees and photocopy services.
   2. Question 3 of the Panel Physician Guidelines Relating to Causation

      At the November 5, 2008 Board of Retirement Meeting, there was discussion regarding a board panel physician's response to the third question of LACERA's Board Panel Guidelines. James Castranova provided a brief history on physician guidelines relating to causation. Based on the information provided, the Committee determined that there would be no changes to the guidelines at this time.

   3. Panel Physician and Conflicts of Interest

      At the December 3, 2008 Board of Retirement Meeting, there was discussion regarding whether it would be a conflict of interest for a LACERA Panel Physician to be permitted to submit a Physician Statement of Disability Retirement in connection with a member's Application of Disability Retirement, or whether this would pose a conflict of interest. James Castranova explained that there is no conflict of interest as long as that doctor is not subsequently used by LACERA as the Board Panel Physician in the case. Mr. Castranova informed the Committee that this is the current procedure practiced by the Disability Retirement Services Division; however, there is no written policy. Mr. Castranova recommended that the committee instruct staff to develop a formal written policy regarding this issue. A motion was made by Mr. Harris and seconded by Mr. Chery to accept staff's recommendation to prepare a formalized policy and submit it to the Board of Retirement for approval. The motion passed unanimously.

4. ACTION ITEMS
   1. Proposed Revisions to Procedures Relating to the Review of Transcripts

      At the December 3, 2008 meeting, Sadonya Antebi requested information as to whether each Board Member must read the entire transcript of the hearing before rejecting the referee's proposed findings of fact and the recommendation. After a lengthy discussion and input from J. Patrick Joyce, Allison Barrett, and James Castranova, the Committee decided that staff will provide a transcription of the recording made during oral argument. Based on a review of the transcribed recording of oral argument before the Board, each Board member would refer to selected portions of the hearing transcript as described by the attorneys. The Board would also have the referee's summary of the evidence for review. A motion was made by Mr. Harris and seconded by Mr. Chery to accept staff's recommendation and submit it to the Board of Retirement for approval. The motion passed unanimously.

   2. Display of Worker's Compensation History

      At the December 3, 2008 meeting, Miss Antebi had requested that the Summary of Workers' Compensation Claim section of the Disability Retirement Evaluation Report be displayed in a list format rather than as a narrative. Ms. Juul provided the Committee with several examples for review. A motion was made by Mr. Harris and seconded by Miss Antebi to use LIST STYLE - Example #3. The motion passed unanimously.

   3. Disability Retirement Evaluation Summary Display of Physicians' Recommendations

      At the December 3, 2008 meeting, Mr. de la Garza asked if there is a way to display multiple doctors' recommendations on the Disability Retirement Evaluation Summary. Ms. Juul prepared a draft revised Disability Retirement Evaluation Summary that includes space to list all of the LACERA panel doctors' recommendations when there are multiple doctors. In addition, two other changes were made to the form: 1) A check box for the "Deemed Filed" language when the applicant is eligible for a retroactive benefit and 2) The addition of a box for Section 31725.65 which is the SCD supplemental retirement allowance code section that replaced 31725.6 for members were incapacitated on or after January 1, 2004. A motion was made by Miss Antebi and seconded by Mr. Chery to accept staff's proposed changes to the Disability Retirement Evaluation Summary and submit it to the Board of Retirement for approval. The motion passed unanimously.

5. MISCELLANEOUS (Discussion)
   1. It was decided by the Committee that meetings will be held as needed as oppose to monthly.
6. PUBLIC COMMENT
7. GOOD OF THE ORDER
8. ADJOURNMENT

The Board of Retirement has adopted a policy permitting any member of the Board to attend a standing committee meeting open to the public. In the event five or more members of the Board of Retirement (including members appointed to the Committee) are in attendance, the meeting shall constitute a joint meeting of the Committee and the Board of Retirement. Members of the Board of Retirement who are not members of the Committee may attend and participate in a meeting of a Board Committee but may not vote on any matter discussed at the meeting. The only action the Committee may take at the meeting is approval of a recommendation to take further action at a subsequent meeting of the Board.

Documents distributed to members of the Committee less than 72 hours prior to the meeting will be available for public inspection at LACERA at the time they are distributed to a majority of the Committee, provided the documents are subject to public disclosure and relate to an open session of the Committee. Such documents may be viewed Monday through Friday during normal 9:00 a.m. to 5:00 p.m. business hours. LACERA is located at 300 N. Lake Avenue, Suite 820, Pasadena, California.

Persons requiring an alternative format of this agenda pursuant to Section 202 of the Americans with Disabilities Act of 1990 may request one by calling Cynthia Guider at (626)-564-6000, from 8:30 a.m. to 5:00 p.m. Monday through Friday, but no later than 48 hours prior to the time the meeting is to commence. Assistive Listening Devices are available upon request. American Sign Language (ASL) Interpreters are available with at least three (3) business days notice before the meeting date.

2/9/09