FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Linda Baldwin
RECOMMENDATION:
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Approve an extension for the hearing officer’s jurisdiction for an additional period of 180 days, up to and including January 28, 2025 regarding the Disability Retirement of Linda Baldwin - Superior Court.
Requested Benefit:
1. Service-Connected Disability Retirement
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BACKGROUND:
At the August 4, 2022 meeting of the Board of Retirement, the Board determined that the applicant was incapacitated for the performance of duties and granted a disability retirement with an effective date of January 18, 2020. The Board further determined that the applicant’s disability is nonservice-connected and denied the applicant’s request for service-connection.
On August 17, 2022, the applicant requested to proceed to a Formal Hearing. On November 29, 2023, the parties were served with the Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing denying Ms. Baldwin a service-connected disability retirement.
On December 18, 2023, SBCERA received a request from the applicant’s counsel requesting that the Board refer this matter back to the hearing officer for further proceeding or set this matter for hearing before itself, pending receipt of a medical report for the applicant. On February 14, 2024, Ms. Oatman updated Chief Counsel to inform her that they are still in the process of obtaining the report from the County of San Bernardino Risk Management.
On May 24, 2024, Ms. Oatman provided to SBCERA the medical report and requested that the new evidence be submitted to the Hearing Officer for consideration. Given the circumstances, the best approach is to permit the hearing officer to review the updated report and supplement his recommendation based on his review and weighing of all the evidence in the matter.
In the event the matter is remanded, Michael Reiter was assigned as the hearing officer on March 22, 2023. Mr. Reiter’s jurisdiction as the assigned hearing officer expired on September 18, 2023.
Staff recommends this matter be returned to the hearing officer to consider the new evidence presented by applicant with the instructions to issue an addendum and/or revised findings and recommendations. To accommodate this review, it is recommended that Mr. Reiter’s jurisdiction be extended for an additional period of 180 days from the date of remand, up to and including January 28, 2025.
Attorney for Applicant - Jane Oatman, Esq.
Attorney for Respondent, SBCERA - Ashley Dunning, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Summary of Evidence, Suggested Findings of Fact and Conclusions of Law, and Recommendation
Exhibit C Applicant’s Request to Refer Back to Hearing Officer for Further Proceeding Pending Receipt of Additional Medical Report
Exhibit D: Applicant’s Request for Referral Back to Hearing Officer for Further Proceedings Providing Report