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) cal...
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