FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Thomas W. Collins, Jr.
RECOMMENDATION:
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Approve and adopt the proposed final findings and recommendations of the referee regarding the Disability Retirement of Thomas W. Collins, Jr. - San Bernardino County - County Fire.
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BACKGROUND:
This matter is on consent calendar because the Applicant met his burden of proof to show that his permanent incapacity is service-connected. The Hearing Officer recommends the Board approve Applicant’s request for a service-connected disability retirement.
Procedural History:
At the July 11, 2024, meeting of the Board of Retirement, the Board determined that the Applicant was not permanently incapacitated for the performance of duties and therefore denied the service-connected disability retirement.
On July 29, 2024, the Applicant requested to proceed to a Formal Hearing. On August 19, 2025, the Formal Hearing was held. On December 9, 2025, the parties were served with the Hearing Officer’s Proposed Findings of Fact and Conclusions of Law. The Hearing Officer found that Applicant’s disability retirement is service-connected and therefore recommends approval of Applicant’s request for a service-connected disability retirement. No objections were filed by either party.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s final recommendation, pursuant to Government Code section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board may, in the alternative:
(a) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon receipt thereof the Board shall take such action as in its opinion is indicated by such evidence, or
(b) Refer the matter back with or without instructions to the referee for further proceedings, or
(c) Set the matter for hearing before itself. At such a hearing, the Board shall hear and decide the matter as if it had not been referred to the referee.
Again, staff recommends approving and adopting the Hearing Officer’s recommendation to grant Thomas W. Collins, Jr., a Service-Connected Disability Retirement with an effective date of April 23, 2022, the day after the last day of regular compensation.
Attorney for Applicant - Michael Treger, Esq. of Straussner / Sherman Lawyers
Attorney for Respondent, SBCERA - Allison C. Callaghan, Esq., of Nossaman LLP
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact and Conclusions of Law
Exhibit C: Applicant’s Closing Brief
Exhibit D: Closing Brief of Respondent SBCERA
Exhibit E: Applicant’s Reply Closing Brief
Exhibit F: Administrative Review of Initial Hearings
Exhibit G: Applicant’s Statement of Facts and Physician’s Report
Exhibit H: Department Statement of Facts
Exhibit I: Job Description, Physical Requirements Questionnaire