FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Paula J. Licka
RECOMMENDATION:
title
Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Paula J. Licka - San Bernardino County - Human Services.
body
BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden to prove that her permanent disability is service-connected. The Hearing Officer is recommending the Board approve Applicant’s request that she is permanently incapacitated for the performance of her usual duties and should be granted a nonservice-connected disability retirement, with an effective date of July 16, 2022, the day after the last day of regular compensation. Additionally, the Hearing Officer is recommending the Board grant Applicant the supplemental disability retirement allowance, as she is not capable of gainful employment. Under the Procedures for Disability Retirement and Formal Hearings, Applicant will have an opportunity to address the Board in closed session.
Procedural History:
At the April 4, 2024, meeting of the Board of Retirement, the Board granted Applicant a nonservice-connected disability retirement, with an effective date of July 16, 2022, the day after the last day of regular compensation. The Board further found that Applicant is not capable of gainful employment and therefore, granted the supplemental disability retirement allowance.
On May 28, 2024, Applicant requested to proceed to an Expedited Administrative Review to appeal for a service-connected disability retirement benefit. On October 16, 2024, applicant was served with the Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision. Applicant did not submit an objection to the Hearing Officer’s findings and recommendations.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s findings, 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 the 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 maintain the Board’s initial decision to grant Paula J. Licka a Nonservice-Connected Disability Retirement with an effective date of July 16, 2022, the day after the last day of regular compensation. Additionally, staff recommends adopting the Hearing Officer’s recommendation to maintain the Board’s decision to grant Applicant the supplemental disability retirement allowance, as she is not capable of gainful employment.
Applicant, In pro per.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact, Conclusions of Law and Recommended Decision
Exhibit C: Request for Administrative Review of Initial Hearing
Exhibit D: Applicant’s Statement of Facts and Physician’s Report
Exhibit E: Department Statement of Facts
Exhibit F: Job Description, Physical Requirements Questionnaire