FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Brian K. Crowell - Filing of Amendment
RECOMMENDATION:
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Approve Applicant Brian K. Crowell’s amendment of his disability application because he has provided proof sufficient to show good cause as to why the Applicant could not, with the exercise of reasonable diligence, have included the substance of the amendment to the Applicant’s disability retirement application as of the date SBCERA approved the initial application.
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BACKGROUND:
On May 3, 2022, the applicant filed his initial disability retirement application (Exhibit A). He claimed permanent incapacity based on s/p right shoulder arthroscopy, decompression, rotator cuff repair, and biceps tenodesis. SBCERA accepted the application on August 24, 2022, and sent the member a letter informing him of the acceptance of the claimed injuries on August 24, 2022 (Exhibit C).
On October 26, 2022, SBCERA received a physician’s report from Ronny Ghazal, MD that provided a diagnosis of posterior slap lesion of the left shoulder, degenerative disease left shoulder and labral tear left shoulder (Exhibit B).
On October 27, 2022, the applicant submitted a Disability Retirement Application Amendment No. 1 (Exhibit A) to add claimed injuries of Impingement syndrome of the left shoulder, posterior slap lesion tear of the left shoulder, degenerative disease of the left shoulder and 9 o’clock posterior labral tear of the left shoulder. SBCERA received the amendment more than 60 days after approval of the initial disability retirement application.
Rule 5 (d) of the SBCERA Procedures for Disability Retirement Applications and Formal Hearings (Procedures) requires the applicant make a showing of good cause when amending a disability application more than 60 days after SBCERA initially accepts the disability retirement application. Rule 5 (d) states in relevant part:
No Amended Application submitted more than sixty (60) calendar days after the date of acceptance of the original Application for processing shall be accepted by SBCERA, except that the Applicant may appeal to the Board. The Applicant has the burden of proof to show good cause as to why the Applicant could not, with the exercise of reasonable diligence, have included the substance of the Amendment on the Application Date of the original Application.
On December 16, 2022, Staff notified the applicant he would have to show good cause as to why he could not, with the exercise of reasonable diligence, have included the substance of the amendment on the application date of the original disability retirement application (Exhibit D).
On February 7, 2023, the applicant submitted a letter providing an explanation as to the reason why the claimed injuries were not included on the original application and was not submitted within the 60-day requirement of acceptance of the initial application (Exhibit E). The letter explains that the applicant was not able to ascertain the permanence of his incapacity with respect to the additional claimed injuries until Dr. Ghazal completed the Physician’s Report dated October 22, 2022.
Based on the above, staff recommends allowing the amendment to the disability retirement application to include the claimed injuries of the left shoulder as listed in Amendment No. 1.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Applicant’s Statement of Facts and Circumstances and Amendment No. 1
Exhibit B: Physicians’ Reports
Exhibit C: SBCERA Notice of Acceptance of Initial Disability Retirement Application
Exhibit D: SBCERA Letter Request for Statement of Good Cause
Exhibit E: Applicant’s Statement of Good Cause