HomeMy WebLinkAboutMinutes - 5/10/2019 - Police Pension Board·1· · · · · · BEFORE THE BOARD OF TRUSTEES OF THE
·2· · · · · · · ·McHENRY POLICE PENSION FUND
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·5· ·IN THE MATTER OF THE· · · · ·)
·6· ·DISABILITY CLAIM OF:· · · · ·)
·7· · · · · · · · · · · · · · · · )
·8· ·SEAN KLECHAK,· · · · · · · · )
·9· · · · · · Applicant.· · · · · )
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11· · · · · · · · · · · ·OPEN SESSION
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13· · · · · · Report of proceedings had at the Hearing
14· ·on May 10, 2019, at the hour of 9:00 a.m., at
15· ·333 South Green, McHenry, Illinois.
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23· ·Reported by:· ·Shelly S. Rubas, CSR
24· ·License No.:· ·084-004298
·1· · · ·APPEARANCES:
·2· · · · · · PUCHALSKI GOODLOE MARZULLO
·3· · · · · · BY:· MS. LAURA GOODLOE and
·4· · · · · · · · ·MR. JOE WEISHAMPEL
·5· · · · · · 2100 Sanders Road, Suite 110
·6· · · · · · Northbrook, Illinois 60062
·7· · · · · · (847) 905-7294
·8· · · · · · lgoodloe@pgm-law.com
·9· · · · · · jweishampel@pgm-law.com
10· · · · · · · · ·On behalf of Mchenry Police
11· · · · · · · · ·Pension Board;
12· · · · · · EAMES LAW GROUP
13· · · · · · BY:· MR. BRENT R. EAMES
14· · · · · · 47 West Polk Street, Suite 320
15· · · · · · Chicago, Illinois 60605
16· · · · · · (312) 818-2855
17· · · · · · · · ·On behalf of the Applicant.
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19· ·PENSION BOARD MEMBERS PRESENT:
20· · · · · · Jeff Foerster· · · ·Nicholas Clesen
21· · · · · · Cheryl Kranz· · · · Ann Buss
22· · · · · · Marc Fisher
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·1· · · · · · · · · · · I N D E X
·2· ·WITNESS· · · · · · · · · · · · · · · · EXAMINATION
·3· ·OPENING STATEMENT
·4· · · ·By Mr. Eames· · · · · · · · · · · · · · 12
·5· ·SEAN KLECHAK
·6· · · ·By Mr. Eames· · · · · · · · · · · · · · 14
·7· · · ·By Ms. Goodloe· · · · · · · · · · · · · 45
·8· · · ·By Mr. Weishampel· · · · · · · · · · · ·62
·9· · · ·By Mr. Clesen· · · · · · · · · · · · · ·65
10· · · ·By Ms. Buss· · · · · · · · · · · · · · ·68
11· · · ·By Mr. Fisher· · · · · · · · · · · · · ·68
12· · · ·By Ms. Goodloe· · · · · · · · · · · · · 71
13· · · ·By Ms. Buss· · · · · · · · · · · · · · ·71
14· · · ·By Mr. Clesen· · · · · · · · · · · · · ·72
15· · · ·By Mr. Foerster· · · · · · · · · · · · ·73
16· · · ·By Mr. Kranz· · · · · · · · · · · · · · 73
17· ·CLOSING STATEMENT
18· · · ·By Mr. Eames· · · · · · · · · · · · · · 75
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·1· · · ·MR. FOERSTER:· Ready?· Okay.
·2· · · · · · Ann Buss?
·3· · · ·MS. BUSS:· Present.
·4· · · ·MR. FOERSTER:· Marc Fisher?
·5· · · ·MR. FISHER:· Present.
·6· · · ·MR. FOERSTER:· Nick Clesen?
·7· · · ·MR. CLESEN:· Present.
·8· · · ·MR. FOERSTER:· Cheryl Kranz?
·9· · · ·MS. KRANZ:· Present.
10· · · ·MR. FOERSTER:· Jeff Foerster present.· So all
11· ·the board members are present.
12· · · · · · The purpose of the meeting today is a
13· ·non-duty related disability hearing for
14· ·Sean Klechak.· I'll entertain a motion to make
15· ·Laura Goodloe the -- what did you call it again?
16· · · ·MS. GOODLOE:· Hearing officer.
17· · · ·MR. FOERSTER:· -- hearing officer.
18· · · ·MR. CLESEN:· I'll make a motion.
19· · · ·MR. FOERSTER:· Is there a second?
20· · · ·MR. FISHER:· Second.
21· · · ·MR. FOERSTER:· Any discussion?· All those in
22· ·favor signify by saying aye.
23· · · ·MR. CLESEN:· Aye.
24· · · ·MR. FISHER:· Aye.
·1· · · ·MS. BUSS:· Aye.
·2· · · ·MS. KRANZ:· Aye.
·3· · · ·MR. FOERSTER:· Opposed same sign.
·4· · · · · · It's all yours, Laura.
·5· · · ·MS. GOODLOE:· Okay.· Thank you, ladies and
·6· ·gentlemen.· This is a hearing that's being
·7· ·conducted pursuant to Article 3 of the Illinois
·8· ·Pension Code to adjudicate the disability claim of
·9· ·Sean Klechak, the applicant in this case.· The
10· ·applicant was previously sent a notice of hearing
11· ·and advised of these proceedings on this date and
12· ·advised him of his right to be represented by legal
13· ·counsel, to present evidence, and to respond to any
14· ·evidence before the McHenry Police Pension Board.
15· · · · · · Will the applicant and his attorney please
16· ·identify themselves for the record.
17· · · ·MR. KLECHAK:· Yes.· I'm Sean Klechak.
18· · · ·MR. EAMES:· Brent Eames.
19· · · ·MS. GOODLOE:· Mr. Klechak, do you acknowledge
20· ·notice of this hearing today and are you willing to
21· ·proceed?
22· · · ·MR. KLECHAK:· Yes, ma'am.
23· · · ·MS. GOODLOE:· Thank you.
24· · · · · · The procedures to be utilized in this case
·1· ·are as follows:
·2· · · · · · Number 1, under the law, the applicant
·3· ·bears a burden of proving his entitlement to a
·4· ·non-duty disability claim.
·5· · · · · · Number 2, the Board will read into the
·6· ·record certain documentation that it intends on
·7· ·introducing into evidence at this hearing.
·8· · · · · · Number 3, the applicant or the applicant's
·9· ·attorney may then present any objections to the
10· ·Pension Board's proposed exhibits.
11· · · · · · Number 4, the Pension Board, upon advice
12· ·of its legal counsel, will then rule on those
13· ·objections.
14· · · · · · Number 5, the applicant may then proceed
15· ·with entering additional evidence into the record
16· ·and continue with making an opening statement and
17· ·calling witnesses on his behalf.
18· · · · · · Number 6, the board and its legal counsel
19· ·may then ask the applicant's witnesses questions
20· ·and thereafter may be given the opportunity to call
21· ·witnesses on its own behalf.
22· · · · · · Number 7, rulings on all legal matters
23· ·will be made by the attorney and hearing officer in
24· ·this matter.
·1· · · · · · Number 8, in the event that this hearing
·2· ·cannot be completed on this date, it shall be
·3· ·continued from time to time to dates agreeable to
·4· ·all parties until it is completed.· If the hearing
·5· ·is continued to a later date and time, the Pension
·6· ·Board does reserve the right to call additional
·7· ·witnesses or recall witnesses for further
·8· ·testimony.
·9· · · · · · Number 9, at the conclusion of the
10· ·hearing, the applicant or his attorney may make a
11· ·closing argument.
12· · · · · · Number 10, the Board may adjourn into
13· ·executive session pursuant to either 2(c)(4) or
14· ·2(c)(11) of the Open Meetings Act to deliberate as
15· ·to this matter.
16· · · · · · Number 11, the Board will then render a
17· ·written decision that will become the final and
18· ·appealable decision in this matter.
19· · · · · · And finally Number 12, under the appellate
20· ·court case Howe, H-o-w-e, that final written
21· ·decision will need to be approved at a subsequent
22· ·Pension Board meeting.
23· · · · · · As for the board members, during this
24· ·hearing, it's important for all parties to keep in
·1· ·mind that this is an administrative proceeding, it
·2· ·is not a partisan proceeding with the agency or aid
·3· ·on one side and the applicant or aid on the other.
·4· ·Rather this should be considered an administrative
·5· ·investigation instituted for ascertaining and
·6· ·making findings of fact.· The rules of evidence are
·7· ·to be relaxed in this setting with the exception of
·8· ·hearsay rule, but the rules of fundamental are
·9· ·strictly adhered to.
10· · · · · · Furthermore, it shall be noted that
11· ·trustees of Article 3 pension funds are presumed to
12· ·be objective and capable of fairly judging a
13· ·particular disability claim.· Any trustee who feels
14· ·incapable of performing his duties or her duties in
15· ·an objective manner today shall respectfully recuse
16· ·themselves.
17· · · · · · At this time, I'm going to take call of a
18· ·role and ascertain whether all trustees feel that
19· ·they can be objective and capable of fairly
20· ·adjudicating this claim today.
21· · · · · · Trustee Buss?
22· · · ·MS. BUSS:· Yes.
23· · · ·MS. GOODLOE:· Trustee Foerster?
24· · · ·MR. FOERSTER:· Yes.
·1· · · ·MS. GOODLOE:· Trustee Fisher?
·2· · · ·MR. FISHER:· Yes.
·3· · · ·MS. GOODLOE:· Trustee Clesen?
·4· · · ·MR. CLESEN:· Yes.
·5· · · ·MS. GOODLOE:· Trustee Kranz?
·6· · · ·MS. KRANZ:· Yes.
·7· · · ·MS. GOODLOE:· Thank you.
·8· · · · · · Any other questions before we begin?
·9· ·Hearing none, we will move on with the entry of the
10· ·Pension Board exhibits into the record.
11· · · · · · Previously tendered to both counsel for
12· ·Mr. Klechak as well as the Pension Board are
13· ·Pension Board Exhibits Nos. 1 through 17.· I like
14· ·to read them into the record, so we know what we're
15· ·talking about in terms of the hearing transcript,
16· ·so bear with me as I go through these.
17· · · · · · Proposed Pension Board Exhibit No. 1 is
18· ·the application for disability of pension benefits.
19· · · · · · No. 2, job description.
20· · · · · · No. 3, Dr. Robert Hall medical records.
21· · · · · · No. 4, Dr. Holly Carobene medical
22· ·records -- Carobene.
23· · · ·MR. KLECHAK:· I believe it's Carobene.
24· · · ·MS. GOODLOE:· Okay.· Forgive me if I butcher
·1· ·any of these.
·2· · · ·MR. KLECHAK:· You're fine.
·3· · · ·MS. GOODLOE:· Okay.· And No. 5, Dr. Richard
·4· ·Broderick medical records.
·5· · · · · · No. 6, Dr. Andrew Harrison medical
·6· ·records.
·7· · · · · · No. 7, McHenry County Physical Therapy
·8· ·medical records.
·9· · · · · · No. 8, Illinois Pain Institute medical
10· ·records.
11· · · · · · No. 9, Hines VA medical records.
12· · · · · · No. 10, Dr. Peter Norton, Strelcheck
13· ·Chiropractic medical records.
14· · · · · · No. 11, Dr. Mohammed, McHenry VA, and
15· ·Dr. -- is it Stachowiak?
16· · · ·MR. KLECHAK:· Yes, ma'am.
17· · · ·MS. GOODLOE:· -- Lovell VA medical records.
18· · · ·No. 12, notice of independent medical
19· ·examinations.
20· · · · · · No. 13, revised notice of independent
21· ·medical examinations.
22· · · · · · No. 14, independent medical evaluation
23· ·report of Dr. Joshua Alpert with corresponding
24· ·cover letter.
·1· · · · · · No. 15, independent medical evaluation
·2· ·report of Dr. Stanford Tack with corresponding
·3· ·cover letter.
·4· · · · · · No. 16, IME report of Dr. Thomas Gleason
·5· ·with corresponding cover letter.
·6· · · · · · And finally, No. 17, notice of hearing
·7· ·with corresponding public notice and agenda.
·8· · · · · · Counsel for Mr. Klechak, do you have any
·9· ·objections as to the entry of these into the
10· ·record?
11· · · ·MR. EAMES:· No objections as to any exhibits.
12· · · ·MS. GOODLOE:· Okay.· Therefore Pension Board
13· ·Exhibits Nos. 1 through 17 are entered into the
14· ·record in this administrative proceeding.
15· · · · · · Attorney Eames, do you have any additional
16· ·applicant exhibits you wish to profer at this time?
17· · · ·MR. EAMES:· None other than those that have
18· ·been offered by the Board.
19· · · ·MS. GOODLOE:· Okay.· With that being said, you
20· ·have the floor for an opening statement if you so
21· ·choose.
22· · · ·MR. EAMES:· Sure.
23· · · ·MS. GOODLOE:· Okay.
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·1· · · · · · · · · · OPENING STATEMENT
·2· ·BY MR. EAMES:
·3· · · · · · Good morning, everybody.· Once again, my
·4· ·name is Brent Eames here with Sean Klechak.· This
·5· ·is a not-on-duty disability pension application, so
·6· ·our inquiry can be really focused into the medical
·7· ·question as to whether this man is disabled from
·8· ·full duty police work.· And the evidence will
·9· ·demonstrate that the answer is unequivocally yes
10· ·given a chronic lower back condition for which he
11· ·continues to receive epidural steroid injections as
12· ·recently as a month-and-a-half ago.
13· · · · · · The evidence will show that during his
14· ·military service back in 2009, he suffered an
15· ·injury resulting in lower back pain.· This injury
16· ·improved to the extent that he was able to come to
17· ·work for McHenry as a full duty police officer,
18· ·passed every physical, performed all of his duties
19· ·without any issues up until approximately September
20· ·of 2017 when his condition took a turn for the
21· ·worse substantially disabling him to the point
22· ·where he can't even function with activities of
23· ·daily living such as dressing himself let alone
24· ·wrestling a combative suspect.
·1· · · · · · Now, because our inquiry is limited to is
·2· ·he disabled as opposed to why, there is some
·3· ·medical discrepancy as to whether his degenerative
·4· ·disc disease that's causing his disability, whether
·5· ·it was the running incident in September that
·6· ·caused an annular tear.
·7· · · · · · For our purposes here today, it's really
·8· ·irrelevant.· The focus is whether this man is
·9· ·disabled.· And based upon his testimony as far as
10· ·his day-to-day life, which you will hear, the
11· ·objective medical evidence as well as his
12· ·subjective complaints, we believe that without
13· ·question, we will meet our burden which is based
14· ·upon the greater weight of the evidence, this man
15· ·is disabled from full duty police work and is
16· ·entitled to a not-on-duty pension.
17· · · ·MS. GOODLOE:· Excellent.
18· · · · · · You may call your first witness.
19· · · ·MR. EAMES:· We would call Sean.
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·1· · · · · · · · · · · · · ·(Witness sworn.)
·2· · · · · · · · · · · SEAN KLECHAK,
·3· ·called as a witness herein, having been first duly
·4· ·sworn, was examined and testified as follows:
·5· · · · · · · · · · · ·EXAMINATION
·6· ·BY MR. EAMES:
·7· · · ·Q.· ·Sean, would you please introduce yourself
·8· ·to the Board members who may not know you.
·9· · · ·A.· ·My name is Sean Klechak.· Sean Klechak.
10· · · ·Q.· ·Are you currently employed?
11· · · ·A.· ·No, I'm not.
12· · · ·Q.· ·Where were you last employed?
13· · · ·A.· ·I was last employed with the city of
14· ·McHenry as a patrol officer.
15· · · ·Q.· ·And when did your employment end with the
16· ·city of McHenry?
17· · · ·A.· ·It ended on February 5th, 2019.
18· · · ·Q.· ·And under what circumstances did your
19· ·employment end?
20· · · ·A.· ·I was terminated as I was unable to return
21· ·to work due to a lower back injury.
22· · · ·Q.· ·Now, when did your employment with the
23· ·McHenry Police Department begin?
24· · · ·A.· ·It began in late September 2013.
·1· · · ·Q.· ·Now, before getting into your police work,
·2· ·let's talk a little bit about your background.
·3· · · ·A.· ·Yes.
·4· · · ·Q.· ·Prior to working for the McHenry Police
·5· ·Department, were you in the military?
·6· · · ·A.· ·I was.
·7· · · ·Q.· ·And when did you serve in the military?
·8· · · ·A.· ·From 2007 to 2011.
·9· · · ·Q.· ·What branch?
10· · · ·A.· ·I was in the United States Air Force.
11· · · ·Q.· ·And can you tell the Board a little bit
12· ·about your experience in the Air Force?
13· · · ·A.· ·Yes.· In the Air Force, I served as a
14· ·military police officer, what they call security
15· ·forces.· And specifically, I did things such as
16· ·nuclear security and what they call fly away
17· ·security.· So I flew with aircrafts around the
18· ·world and I provided security to them in locations
19· ·where it may not necessarily be safe or there
20· ·wasn't any NATO security around.
21· · · ·Q.· ·During your service, did you suffer an
22· ·incident resulting in some lower back pain?
23· · · ·A.· ·I did.
24· · · ·Q.· ·And what year was that?
·1· · · ·A.· ·2009.
·2· · · ·Q.· ·Can you describe for the Board a little
·3· ·bit about that incident in 2009?
·4· · · ·A.· ·Yes.· There were two incidents in
·5· ·2009.· The first one I was lifting weights in early
·6· ·2009 around February and while lifting weights, I
·7· ·felt a sharp pain in my back, but it was just a few
·8· ·days recovery.· I didn't even go to the doctor.
·9· ·Everything appeared to be fine.
10· · · · · · And then we deployed out to Afghanistan in
11· ·mid 2009 and we landed in Jalalabad, Afghanistan.
12· ·And upon landing in Jalalabad, Afghanistan, the
13· ·ramp to the aircraft goes down and it stays about
14· ·level at about 4 feet off the ground.· I then
15· ·jumped off the back of the ramp with all my gear on
16· ·which I'd probably say is about 70 pounds of gear
17· ·including rucksack and Level IV plates which is a
18· ·bulletproof vest.· Upon doing so, I felt an instant
19· ·pain in my lower back.
20· · · ·Q.· ·Following that incident, were you able to
21· ·continue your duty immediately following?
22· · · ·A.· ·Yes, I continued my tour of duty.
23· · · ·Q.· ·Did you ultimately undergo some medical
24· ·treatment related to your lower back related to
·1· ·those 2009 incidents?
·2· · · ·A.· ·Yes, sir.
·3· · · ·Q.· ·That was through the VA?
·4· · · ·A.· ·Initially, it was through Malmstrom Air
·5· ·Force Base in Malmstrom -- or, excuse me, Great
·6· ·Falls Montana.
·7· · · ·Q.· ·When you originally were getting medical
·8· ·treatment for your lower back, were you prescribed
·9· ·any sort of medications to treat it?
10· · · ·A.· ·Initially, I was prescribed Flexeril and
11· ·Ibuprofen 800.
12· · · ·Q.· ·And did you undergo an MRI in your lower
13· ·back in 2011 at the VA?
14· · · ·A.· ·Yes.
15· · · ·Q.· ·After the MRI in 2011, what sort of
16· ·treatment recommendations did you receive from
17· ·those VA doctors?
18· · · ·A.· ·In 2012 after the MRI, the doctors,
19· ·specifically Dr. Mohammed, McHenry VA, he said I
20· ·can continue to live a completely healthy and
21· ·active lifestyle as long as I did things like
22· ·stretching and there shouldn't be any limitations
23· ·essentially.
24· · · ·Q.· ·The Board has your records from the
·1· ·VA which are quite extensive.· I would like to call
·2· ·your attention to a September 28th, 2011, record.
·3· · · ·MR. EAMES:· And for the Board's reference,
·4· ·that's Bates stamped Page 424.· That would be
·5· ·Exhibit 11.
·6· ·BY MR. EAMES:
·7· · · ·Q.· ·Based upon my reference, that appears to
·8· ·be the last record identified around this period
·9· ·related to your lower back.· According to that
10· ·record, you indicated to the treating doctors that
11· ·your lower back pain was much decreased and hardly
12· ·present.
13· · · · · · Is that an accurate representation of your
14· ·lower back pain around this time, September 28th,
15· ·2011?
16· · · ·A.· ·Yes, that's correct.
17· · · ·Q.· ·And at some point, did you completely
18· ·cease taking any prescription medications related
19· ·to your lower back pain?
20· · · ·A.· ·Yes, sir.
21· · · ·Q.· ·When was that?
22· · · ·A.· ·I was off of the Flexeril nearly
23· ·immediately and I say that because doing my job as
24· ·nuclear security at the time, you couldn't be on
·1· ·that type of medication.· They wouldn't allow you
·2· ·to be on medications that would alter your physical
·3· ·or your mental state in a possible negative way.
·4· · · · · · I continued to take the Ibuprofen 800 with
·5· ·the doctor's approval until 2013 at some point.
·6· · · ·Q.· ·Between that 2013, when you stopped taking
·7· ·those medications, and then --
·8· · · ·A.· ·Yeah.
·9· · · ·Q.· ·-- when did you start taking them again?
10· · · ·A.· ·I started taking the prescription
11· ·medications again in -- it was late September
12· ·2017 or very early October 2017.
13· · · ·Q.· ·Following your discharge from military
14· ·service, did you start up with the police academy?
15· · · ·A.· ·Yes, sir.
16· · · ·Q.· ·And when was that?
17· · · ·A.· ·September 2013.
18· · · ·Q.· ·How was your lower back doing at the time
19· ·you started the police academy?
20· · · ·A.· ·It was fine.
21· · · ·Q.· ·Any pain or problems at all at that point
22· ·in 2013?
23· · · ·A.· ·No.
24· · · ·Q.· ·Did your lower back condition impede your
·1· ·about to perform full duty police work at that time
·2· ·in 2013?
·3· · · ·A.· ·No, sir.
·4· · · ·Q.· ·When you enrolled in the police academy,
·5· ·did you undergo any preemployment physicals or
·6· ·testing associated with your ability to physically
·7· ·function as a police officer?
·8· · · ·A.· ·I did.
·9· · · ·Q.· ·For the Board members who may not
10· ·understand what the police academy is about, can
11· ·you describe what kind of test you performed?
12· · · ·A.· ·Prior to being hired on as a police
13· ·officer, you have to pass an Illinois Power Test is
14· ·what they call it.· It consists of sit ups in a
15· ·minute, push ups in a minute, maximum bench press,
16· ·and a mile-and-a-half run.· You have to meet the
17· ·Illinois state requirements in order to even be
18· ·considered to be hired I believe.
19· · · ·Q.· ·How many times did you perform those tests
20· ·during your time in the police academy?
21· · · ·A.· ·In the police academy, I performed it
22· ·twice.· The second day we got there, which was the
23· ·first official day of training, we had to pass the
24· ·Power Test to continue into training.· And then at
·1· ·the last week of the police academy, we had to pass
·2· ·it again in order to graduate.
·3· · · ·Q.· ·Did you perform any other physical tests
·4· ·at the request of the McHenry Police Department
·5· ·before you became an officer?
·6· · · ·A.· ·I'm sorry.· No, I don't think so.
·7· · · ·Q.· ·No other control tactic tests or anything
·8· ·of that nature?
·9· · · ·A.· ·That was at the police academy after I had
10· ·been hired on, yes, sir.
11· · · ·Q.· ·All right.· Thank you for clarifying.
12· · · · · · So you were able to perform all of these
13· ·tests and pass these exams, obviously?
14· · · ·A.· ·Yes, sir.
15· · · ·Q.· ·How was your lower back feeling at that
16· ·time?
17· · · ·A.· ·It felt fine.
18· · · ·Q.· ·When you started with the police
19· ·department, were you physically able to perform all
20· ·the essential functions of a police officer?
21· · · ·A.· ·Yes, sir.
22· · · ·Q.· ·I'd like to fast forward to February
23· ·of 2015, which according to the medical records
24· ·that the Board has, you submitted for a
·1· ·consultation with a chiropractor named
·2· ·Dr. Peter Norton?
·3· · · ·A.· ·That's correct.
·4· · · ·Q.· ·As of February 25th, 2015, that's the date
·5· ·of this initial consultation with Dr. Norton, how
·6· ·was your lower back feeling?
·7· · · ·A.· ·I had days where I was in pain and so when
·8· ·I say I was in pain, minor aches and pains, but
·9· ·enough to be considered uncomfortable.
10· · · ·Q.· ·Were you able to perform the full duties
11· ·of a police officer despite getting this
12· ·chiropractic care?
13· · · ·A.· ·Yes, I was.
14· · · ·Q.· ·Why did you decide to get the chiropractic
15· ·treatment?
16· · · ·A.· ·Another officer suggested to me that I go,
17· ·maybe consider it as an option kind of like
18· ·preventative maintenance.· So, yeah, there's minor
19· ·aches and pains and this might help out for those
20· ·issues that you're having as well as maybe problems
21· ·in the future.
22· · · ·Q.· ·At any point prior to September of
23· ·2017, did this chiropractor ever restrict you or
24· ·attempt to restrict you from doing police work?
·1· · · ·A.· ·No, he didn't.
·2· · · ·Q.· ·In your opinion, did this chiropractic
·3· ·care assist you with regard to your ability to
·4· ·perform your full duty police work?
·5· · · ·A.· ·I'm sorry.· Could you say that again?
·6· · · ·Q.· ·Did the chiropractor make your lower back
·7· ·feel better?· Did it work for preventative
·8· ·maintenance?
·9· · · ·A.· ·Yes.
10· · · ·Q.· ·I would like to call your attention to a
11· ·progress note dated April 3rd, 2015.
12· · · ·MR. EAMES:· This is Bates stamped Page 266 in
13· ·Exhibit 10 for the Board's reference.
14· ·BY MR. EAMES:
15· · · ·Q.· ·Sean, I'm showing you Bates stamped
16· ·Page 266 which purports to be a patient progress
17· ·note.
18· · · · · · Is that your handwriting?
19· · · ·A.· ·It is.
20· · · ·Q.· ·And you were asked to describe your most
21· ·impressive benefits with the chiropractic care, and
22· ·it appears you responded that it's the ability to
23· ·work on a full shift with minimal pain.
24· · · ·A.· ·Right.
·1· · · ·Q.· ·Is that accurate as of April 3rd, 2015?
·2· · · ·A.· ·Yes, sir.
·3· · · ·Q.· ·Now, I'm not going to make the Board go
·4· ·through every document obviously.· For the sake of
·5· ·moving things a long, as of the end of
·6· ·2015, according to my review of these records, it
·7· ·appears your visits to the chiropractor were
·8· ·limited to once or twice per month.
·9· · · · · · Is that fair to say?
10· · · ·A.· ·That's correct.
11· · · ·Q.· ·I'd like to call your attention to one
12· ·more progress note.· This is Bates stamped
13· ·Page 301 in Exhibit 10.· It's a progress note from
14· ·January 3rd, 2016.
15· · · · · · Sean, once again, is this your handwriting
16· ·up here?
17· · · ·A.· ·It is.
18· · · ·Q.· ·Sean, you were asked to mark with an X on
19· ·the picture where you had pain or other symptoms.
20· · · · · · Do you recall doing that?
21· · · ·A.· ·Yes, sir.
22· · · ·Q.· ·And it appears from this diagram that you
23· ·did not indicate any pain or symptoms in your lower
24· ·back on that particular day?
·1· · · ·A.· ·That's correct.
·2· · · ·Q.· ·And with regard to your current conditions
·3· ·under Paragraph 2, your lower back was reported to
·4· ·be 90 percent improved; is that correct?
·5· · · ·A.· ·Yes, sir.
·6· · · ·Q.· ·So can you tell the Board in your own
·7· ·words as of the time of these chiropractic visits,
·8· ·how was your back doing?
·9· · · ·A.· ·My back was good.· Like I kind of said
10· ·earlier, there was minor aches and pains, you know,
11· ·but at that time, you know, it definitely was
12· ·better.· There was nothing there that was
13· ·preventing me from continuing on working.
14· · · ·Q.· ·So let's talk about the end of September
15· ·2017.· From a review of your records, I believe the
16· ·date was on or about September 25th, 2017.
17· · · · · · Did you suffer an injury to your lower
18· ·back as a result of a cardio work out?
19· · · ·A.· ·Yes, sir.
20· · · ·Q.· ·Can you please describe for the Board what
21· ·happened?
22· · · ·A.· ·Yes.· I was in Glacial Park in McHenry,
23· ·just north of McHenry and I went for like a light
24· ·jog that day.· Everything seemed fine, but when I
·1· ·got done with the jog, my back kind of started to
·2· ·hurt a little bit.· And then as I got home, it
·3· ·progressed.· I was a night shift worker, so I went
·4· ·to bed and I woke up a couple of times, but as I
·5· ·woke up for the final time to go to work, my back
·6· ·was in extreme pain at that point and I didn't go
·7· ·to work that night.
·8· · · ·Q.· ·If you're able to describe for the Board
·9· ·how, if at all, did this lower back pain change
10· ·from before this running incident to the time
11· ·following it?
12· · · ·A.· ·Well, I kind of just pointed or hit on it,
13· ·but it definitely got way worse.· There was no
14· ·comparison.· You know, it was at that point extreme
15· ·pain where I didn't want to go to work or I didn't
16· ·feel I could go to work, excuse me.
17· · · ·Q.· ·Following this running incident on or
18· ·about September 27th, 2017, there is a report of a
19· ·new injury in the chiropractic records.· This is
20· ·Bates stamped Page 315 in Exhibit 10.
21· · · · · · So you reported this new running incident
22· ·to your chiropractor, the source of the new pain?
23· · · ·A.· ·Yes, sir.
24· · · ·Q.· ·And on October 2nd, 2017, it appears
·1· ·Dr. Norton restricted you to light duty work with
·2· ·the police department.
·3· · · · · · Is that accurate?
·4· · · ·A.· ·That's correct.
·5· · · ·Q.· ·Were you attempting to work for the
·6· ·department during this period following the running
·7· ·injury?
·8· · · ·A.· ·During the light duty period?
·9· · · ·Q.· ·Yes.
10· · · ·A.· ·Yes, sir, but I was won conducting light
11· ·duty work.· Specifically, I was in crisis
12· ·intervention training for that week right around
13· ·there.· So, yes, sir, I was doing light duty and
14· ·specifically I was at training.
15· · · ·Q.· ·Following the running incident, did you
16· ·attempt to return to your full duty function?
17· · · ·A.· ·Yes, sir.
18· · · ·Q.· ·That being for police work?
19· · · ·A.· ·Yes, sir.
20· · · ·Q.· ·Can you describe for the Board were there
21· ·any specific incidents where you were trying to
22· ·perform full duty work with your new lower back
23· ·pain, but felt that you could not perform as a full
24· ·duty police officer?
·1· · · ·A.· ·Yeah, I could.· There was an intoxicated
·2· ·subject and I believe he was a suicidal subject at
·3· ·Alden Terrace some time in November of 2017.· When
·4· ·we got there, he was pretty adamant about fighting.
·5· ·He wanted to fight.· And even though my partner was
·6· ·there, there was still a lot of concern that if he
·7· ·wanted to go hands on and I was going to have to do
·8· ·any kind of control tactic or restrain him at all,
·9· ·that I would be -- I would be essentially in
10· ·trouble.· Like I know I have my partner here, but
11· ·two is better than one and if we take me out of the
12· ·fight because I can't function correctly, I was
13· ·kind of concerned about that.
14· · · · · · And then actually the last day I worked, I
15· ·was doing a traffic stop and I was still trying to
16· ·conduct all my duties.· And just getting out of the
17· ·squad car, going up to the car that I conducted the
18· ·traffic stop on, and then going back, I actually
19· ·had my back up officer ask me why I was even still
20· ·doing traffic stops because I could barely walk at
21· ·that point.
22· · · ·Q.· ·Did you report to the VA for a
23· ·consultation regarding your back pain after this
24· ·September incident?
·1· · · ·A.· ·Yes, sir.
·2· · · ·Q.· ·And you underwent a new MRI of the lumbar
·3· ·spine as requested by your doctor, that being
·4· ·Dr. Mohammed?
·5· · · ·A.· ·Yes, sir.
·6· · · ·Q.· ·According to the records at the VA, you
·7· ·saw Dr. Mohammed on November 8th, 2017.· This is
·8· ·Bates stamped on Page 174 of Exhibit 9.
·9· · · ·A.· ·Yes, sir, that's correct.
10· · · ·Q.· ·Did Dr. Mohammed read your MRI at that
11· ·time?
12· · · ·A.· ·Yes, sir.
13· · · ·Q.· ·Did he compare it with the previous MRI?
14· · · ·A.· ·He did.
15· · · ·Q.· ·Did he identify a new annular tear at
16· ·L5-S1 relative to your 2012 MRI that was done
17· ·previously?
18· · · ·A.· ·Yes, sir.
19· · · ·Q.· ·Did you discuss your treatment options
20· ·with Dr. Mohammed at that point?
21· · · ·A.· ·Yeah, we did.· We discussed what might be
22· ·done to improve my back.· He did mention a few
23· ·things.· He mentioned first and foremost rest, but
24· ·he mentioned the ability for physical therapy and
·1· ·up to surgery for my lower back as well.
·2· · · ·Q.· ·Going back to that November 8th, 2017,
·3· ·visit, did Dr. Mohammed discuss with you the
·4· ·potential need to explore a career change given
·5· ·your back injury?
·6· · · ·A.· ·He did.
·7· · · ·Q.· ·How did that conversation go?
·8· · · ·A.· ·We talked about the equipment that I carry
·9· ·being a duty belt and obviously the vest.· And he
10· ·told me and explained to me that with the
11· ·difference between my 2012 MRI, 2011 MRI, and my
12· ·most current MRI, he was starting to see things get
13· ·significantly worse in my lower back and he said I
14· ·needed to consider a job that was less physically
15· ·strenuous.
16· · · ·Q.· ·Did he refer you for a consultation with a
17· ·neurosurgeon?
18· · · ·A.· ·He did.
19· · · ·Q.· ·And you saw a Dr. Joseph Cerone at Hines
20· ·VA on or about December 14th, 2017?
21· · · ·A.· ·Yes, sir.
22· · · ·Q.· ·That's Bates stamped on Pages 185 to 186
23· ·in Exhibit 9.
24· · · · · · Did Dr. Cerone concur with the diagnosis
·1· ·of an annular tear?
·2· · · ·A.· ·Yes, he did.
·3· · · ·Q.· ·According to the records, he suggested
·4· ·restricting you from police work through February
·5· ·at that time.
·6· · · · · · Is that accurate?
·7· · · ·A.· ·Yeah, that's correct.
·8· · · ·Q.· ·Did he recommend an epidural steroid
·9· ·injection into your lumbar spine?
10· · · ·A.· ·He did.
11· · · ·Q.· ·Can you explain for the Board just so
12· ·everybody is on the same page with regard to what
13· ·these injections are?· What does an epidural
14· ·steroid injection entail when you have to undergo
15· ·these things?
16· · · ·A.· ·To go get an epidural steroid injection,
17· ·they will sedate me because I'm not good with large
18· ·needles.· After they sedate me, they're going to
19· ·stick a needle into my lower back.· And what it's
20· ·going to do is push a steroid through my lower back
21· ·area and, depending how they do, into my legs or
22· ·whichever leg is getting the most sharp pains in
23· ·that steroid injection.
24· · · · · · So basically, I have to get that steroid
·1· ·injection, and I'm usually down for the whole day
·2· ·because of the sedation as well.
·3· · · ·Q.· ·I'd like to call your attention to Bates
·4· ·stamped Page 339 in Exhibit 10 from Dr. Norton.
·5· ·This is a letter -- what purports to be a letter
·6· ·from Dr. Norton to whom it may concern with regards
·7· ·to some work restrictions, and it looks like it's
·8· ·dated January 4th, 2017.
·9· · · · · · Is that a typo?· Was it actually
10· ·January 4th, 2018, presumably?
11· · · ·A.· ·Yeah, that's correct.
12· · · ·Q.· ·Was this a note from Dr. Klechak that was
13· ·sent to the department with regard to your work
14· ·restrictions?
15· · · ·A.· ·From Dr. Norton, yes, sir.
16· · · ·Q.· ·Excuse me.· Dr. Norton.· Thank you.
17· · · ·A.· ·No problem.
18· · · ·Q.· ·The VA referred you to a pain specialist
19· ·by the name of a Dr. Holly -- and you said
20· ·Carobene?
21· · · ·A.· ·I believe that's correct.
22· · · ·Q.· ·On or about January 16th, 2018; is that
23· ·correct?
24· · · ·A.· ·Yes, sir.
·1· · · ·Q.· ·And a lumbar epidural steroid injection
·2· ·was once again recommended at that point?
·3· · · ·A.· ·That's correct.
·4· · · ·Q.· ·You underwent the injection on or about
·5· ·January 30th, 2018?
·6· · · ·A.· ·Yes, sir.
·7· · · ·Q.· ·How were you feeling following that
·8· ·injection?
·9· · · ·A.· ·By the next day, I was feeling pretty
10· ·good.· I was able to function with way more ease
11· ·than before.· And I continued to feel good until
12· ·about, I don't know, two, three weeks after the
13· ·injection and then I started to hurt again.
14· · · ·Q.· ·Tell us how did your pain return when the
15· ·injection wore off?
16· · · ·A.· ·I was getting sharp pains down my legs.
17· ·My lower back had sharp pains again.· It was just
18· ·like it was just prior to the injection really.
19· · · ·Q.· ·And on or about May 26th, 2018, you
20· ·received a consultation from a Dr. Aaron
21· ·Stachowiak?
22· · · ·A.· ·Stachowiak, yes, sir.
23· · · ·Q.· ·Thank you for correcting me.
24· · · ·A.· ·No problem.
·1· · · ·MR. EAMES:· For the Board's reference, this is
·2· ·Bates stamped Page 571 on Exhibit 11.
·3· ·BY MR. EAMES:
·4· · · ·Q.· ·This specialist diagnosed you with a
·5· ·lumbar radiculopathy facet arthropathy and a
·6· ·sacroiliac joint dysfunction; is that correct?
·7· · · ·A.· ·That's correct.
·8· · · ·Q.· ·What treatment was recommended?
·9· · · ·A.· ·Well, first off he gave me a medication
10· ·called Gabapentin and he prescribed me Gabapentin
11· ·to try to reduce the shooting or sharp pains down
12· ·my legs as it's a nerve blocker.· He also
13· ·recommended at that time what I think is called an
14· ·EMG.· What it is is basically they test to see
15· ·where the dysfunction is or where the disconnect is
16· ·and why you are getting these shooting pains down
17· ·your legs.
18· · · ·Q.· ·Did he also refer you to the Illinois Pain
19· ·Institute on or about June 6th, 2018?
20· · · ·A.· ·Yeah, that's correct.· He -- even though I
21· ·was under the assumption that you should only have
22· ·so many epidurals a year, he advised that it may be
23· ·beneficial that I go to the Illinois Pain
24· ·Institute, get an evaluation, and if they say to
·1· ·get additional epidurals, that I should.
·2· · · ·Q.· ·And that physician you saw was a
·3· ·Dr. Yaacoub?
·4· · · ·A.· ·That's right.· It's Yaacoub.
·5· · · ·Q.· ·Sorry.
·6· · · ·A.· ·No problem.· There's some difficult names
·7· ·there.
·8· · · ·Q.· ·I apologize.
·9· · · · · · That doctor at the Pain Institute
10· ·recommended another epidural steroid injection,
11· ·correct?
12· · · ·A.· ·He did.
13· · · ·Q.· ·And that injection was performed on
14· ·June 15th, 2018, as well a left superior cluneal
15· ·nerve blocks?
16· · · ·A.· ·Yes.· Do you want me to explain that one?
17· · · ·Q.· ·Please.
18· · · ·A.· ·So this epidural was a little different
19· ·than the first one as I mentioned to him how I was
20· ·getting more shooting pains down my left leg than
21· ·my right leg and this was causing me some issues
22· ·pertaining to the back.· And so on top of the
23· ·epidural that was going to reduce the pain in my
24· ·lower back, he basically sent some of that fluid
·1· ·down my left leg as well to kind of compensate for
·2· ·some of that pain.
·3· · · ·Q.· ·You underwent the prescribed EMG at the
·4· ·VA on June 5th, 2018?
·5· · · ·A.· ·That's right.
·6· · · ·MR. EAMES:· For the Board's reference, that's
·7· ·Bates stamped on Page 204.
·8· ·BY MR. EAMES:
·9· · · ·Q.· ·And you discussed the EMG results with
10· ·Dr. -- I won't try to pronounce this name.· It's
11· ·B-h-a-r-a-t-h-i.
12· · · ·A.· ·I'm not going to correct you on that one.
13· · · ·Q.· ·The EMG revealed an L5 and S1
14· ·radiculopathy; is that correct?
15· · · ·A.· ·Yes, sir.
16· · · ·Q.· ·And the VA doctor after the EMG referred
17· ·you to a consultation with an orthopedic surgeon by
18· ·the name of Dr. Robert Hall on or about June 27th,
19· ·2018?
20· · · ·A.· ·Yeah, that's correct.
21· · · ·Q.· ·What was Dr. Robert Hall's treatment
22· ·recommendation at that time?
23· · · ·A.· ·Dr. Hall suggested some physical therapy
24· ·at the McHenry County Physical Therapy Clinic and
·1· ·he prescribed me Celebrex which was a medication
·2· ·kind of geared towards arthritis, an
·3· ·antiinflammatory essentially.· So those were the
·4· ·two things that he suggested.
·5· · · ·Q.· ·According to the records, you saw another
·6· ·orthopedic named Dr. Richard Broderick on or about
·7· ·July 10th, 2018?
·8· · · ·A.· ·Yes, sir.
·9· · · ·Q.· ·How did you come to see Dr. Broderick?
10· · · ·A.· ·I do feel like there was a long like
11· ·recovery process to my back and I did have these VA
12· ·doctors telling me maybe you should consider
13· ·another line of work.
14· · · · · · Well, I wanted an opinion completely
15· ·separate from the VA, so I went to him to see what
16· ·he had to see.· And it kind of confirmed that
17· ·everything that the VA was saying was essentially
18· ·accurate.
19· · · ·Q.· ·And what was his treatment recommendation
20· ·for you?
21· · · ·A.· ·He mentioned three things, but he
22· ·mentioned to continue physical therapy, continue on
23· ·my medications, and he said that, you know, there's
24· ·things like surgery that is an option, but he would
·1· ·like to see it as a last resort because of where
·2· ·the back is injured.
·3· · · · · · He did go ahead and mention, too, the
·4· ·other thing is to deal with it.· So those were the
·5· ·options he provided me.· But ideally, he said that
·6· ·physical therapy was probably the best route to
·7· ·keep going.
·8· · · ·Q.· ·Since that time, you returned to the
·9· ·Illinois Pain Institute and underwent another
10· ·epidural steroid injection in August of 2018?
11· · · ·A.· ·That's correct.
12· · · ·Q.· ·And you recently had another epidural
13· ·steroid injection; is that correct?
14· · · ·A.· ·Yes, sir, about a month-and-a-half ago.
15· · · ·Q.· ·Since the last records from the fall of
16· ·last year in the exhibits, can you explain to the
17· ·Board how your back has been doing?· Has there been
18· ·any changes?
19· · · ·A.· ·There's good days and bad days.· So in the
20· ·sense that I'm not hurting every single day, that's
21· ·an improvement.· But there are days where I'm
22· ·completely like I was, you know, a year ago,
23· ·year-and-a-half ago.· So the overall function of it
24· ·is there are better days, but mostly I'm hurting
·1· ·half the week.
·2· · · ·Q.· ·You presented to three independent medical
·3· ·examinations at the request of the Board as is
·4· ·required by the Pension Code, correct?
·5· · · ·A.· ·That's correct.
·6· · · ·Q.· ·I'd like to ask you about a specific
·7· ·medical record that was referenced several times by
·8· ·Dr. Tack.
·9· · · · · · Do you recall Dr. Tack?
10· · · ·A.· ·Yes, sir.
11· · · ·Q.· ·On Bates stamped 1130 in Dr. Tack's
12· ·report, Dr. Tack makes reference to a psychotherapy
13· ·note wherein he said you indicated that police work
14· ·may not be your calling and Dr. Tack seemed to
15· ·question the sincerity of your pain complaints
16· ·based upon this psychotherapy note taken out of
17· ·context.
18· · · ·MR. EAMES:· The specific medical record that
19· ·Dr. Tack refers to is Bates stamped 610 for the
20· ·Board's reference.
21· ·BY MR. EAMES:
22· · · ·Q.· ·I would like to please ask you to give the
23· ·Board some context of this mental therapy session.
24· · · · · · What brought you to this mental therapy
·1· ·session in the first place?
·2· · · ·A.· ·I was diagnosed with PTSD out of the
·3· ·military.· I was able to handle it pretty well and
·4· ·manage it pretty well.· But the time that I started
·5· ·to go to a therapist at the VA, it was recommended
·6· ·to me again by a coworker just because I was having
·7· ·some I guess you call it general life issues and I
·8· ·needed somebody to talk to.
·9· · · · · · So it was probably best, A, that I go to
10· ·the VA because the resources are available there,
11· ·but, B, it's also, you know, slightly some military
12· ·related stuff as well.
13· · · ·Q.· ·Now, how do these sessions work?· I guess
14· ·my question is did you go in there to this session
15· ·because you were unhappy as a police officer?
16· · · ·A.· ·No.· You talk about a lot of things.· You
17· ·talk about your relationships, you talk about life
18· ·in general, the recreational activities, the things
19· ·that you do that make you happy and make you upset.
20· ·I'm sure you talk about work and -- yeah, that's
21· ·about it.
22· · · ·Q.· ·And you mentioned that you enjoy police
23· ·work to the doctor at this time?
24· · · ·A.· ·Yeah, several times.
·1· · · ·Q.· ·So please tell the Board this note taken
·2· ·out of context, was there any point that you wanted
·3· ·to quit work as a police officer?
·4· · · ·A.· ·No.· As far as it being taken out of
·5· ·context, I feel like as you become older, I'm in my
·6· ·mid 30s now, there is just a point where you
·7· ·question like is this my true calling, is there
·8· ·better for me out there.· You know, I was in the
·9· ·military.· Was the military the best option, should
10· ·I stayed in the military, should I have gotten out?
11· ·What is going to be the best move for my life
12· ·choices?· Essentially, that's it.
13· · · ·Q.· ·Do you take exception with Dr. Tack
14· ·questioning the sincerity of your pain complaints
15· ·given that psychotherapy note for your PTSD
16· ·session?
17· · · ·A.· ·That's right.
18· · · ·Q.· ·Now, at this point, as we sit here today
19· ·generally on a day-to-day basis, can you describe
20· ·for the Board as far as your lower back pain is
21· ·concerned, how are you doing on a day-to-day basis?
22· · · ·A.· ·I feel like I kind of hit on that earlier,
23· ·too, but there's good days and bad days.· There's
24· ·days where -- well, I don't tie my shoes because
·1· ·some days it hurts to bend over.· Today I am
·2· ·wearing slip ones.· But even then if I have laces,
·3· ·I don't tie my shoes, I just slip them on because I
·4· ·know it hurts most days to go down and tie my
·5· ·shoes.· And there's a lot of activities that I just
·6· ·can't do anymore.
·7· · · ·Q.· ·What are some activities of daily living
·8· ·that you previously enjoyed but can now no longer
·9· ·perform?
10· · · ·A.· ·My big thing would probably be working
11· ·out.· I definitely miss working out.· I was big
12· ·into heavy weight lifting.· There is no way I can
13· ·do that anymore.
14· · · · · · Riding a motorcycle.· I love riding
15· ·motorcycles.· I can't do that anymore.
16· · · · · · You know, even things like photography can
17· ·be difficult, too, because if you want to get down
18· ·and get the right angle of a shot, you've got to
19· ·bend down.· I'm not completely convinced that it's
20· ·always the best option for me.· And fortunately,
21· ·you know, the day-to-day activities, I don't have
22· ·to do anything outside because I have a home
23· ·owner's association that takes care of that stuff,
24· ·but I imagine things like mowing the lawn would
·1· ·probably be an issue, too.
·2· · · ·Q.· ·Are you currently taking any prescription
·3· ·medications to manage your pain?
·4· · · ·A.· ·Yeah.· I'm on Flexeril again.· I'm still
·5· ·on Flexeril.· It's three times a day 10 milligrams
·6· ·each.· And then I'm on Gabapentin and that's three
·7· ·times a day at 300 milligrams.
·8· · · ·Q.· ·Having worked for the McHenry Police
·9· ·Department, it's fair to say you're familiar with
10· ·the job duties of a police officer?
11· · · ·A.· ·That's right.
12· · · ·Q.· ·Are there any specific job duties as a
13· ·McHenry police officer which you believe you would
14· ·be unable to perform given your lower back
15· ·condition?
16· · · ·A.· ·Oh, sure, quite a few of them.· To name a
17· ·few, the job requires you to climb a ladder at some
18· ·points as per the job description.· There's the job
19· ·description of the ability to -- I believe it says
20· ·kick down doors.· You know, general things like
21· ·getting in and out of a squad car or standing for a
22· ·long period of time with that gear on me again.
23· · · · · · There's -- I was talking earlier about
24· ·control tactics.· You know, you talk about
·1· ·compliance techniques on somebody and if they're
·2· ·going to pull on me, there might be an issue with
·3· ·my back there which might put me at a disadvantage
·4· ·or others at a disadvantage, too.· So obviously I
·5· ·can't run, so if somebody wants to run from me,
·6· ·there will be a problem there, too.
·7· · · ·Q.· ·How would your lower back condition impact
·8· ·your ability to affect arrests?
·9· · · ·A.· ·I feel like I kind of just hit on that,
10· ·but I think there could be an issue with an arrest
11· ·especially if they want to tense up or act up or
12· ·try to -- I guess the word would be fight.· I don't
13· ·like to use that word, but if they want to struggle
14· ·or be combative.
15· · · ·MR. EAMES:· Thank you.· I have nothing further.
16· · · ·MS. GOODLOE:· Thank you, Mr. Eames.· I think
17· ·you copied and pasted all my questions, so nice
18· ·job.· I don't have very many questions based on
19· ·your direct examination.· I do have a few.· Some of
20· ·them may be completely administrative in nature to
21· ·make sure we have a correct background for pension
22· ·purposes.
23· · · ·THE WITNESS:· Yes, ma'am.
24· · · ·MS. GOODLOE:· Others will be clarification
·1· ·questions and then we will have -- if my cocounsel
·2· ·wants to follow up with questions followed by the
·3· ·Board.
·4· · · · · · · · · · · ·EXAMINATION
·5· ·BY MS. GOODLOE:
·6· · · ·Q.· ·Can you just verify your age for the
·7· ·record?
·8· · · ·A.· ·I'm currently 36 years old.
·9· · · ·Q.· ·And you were a patrol officer?
10· · · ·A.· ·Yes, ma'am.
11· · · ·Q.· ·Are you currently married?
12· · · ·A.· ·No, ma'am.
13· · · ·Q.· ·You say that like it's a bad thing.
14· · · ·A.· ·I'm offended -- no, I'm not married.
15· · · ·Q.· ·Do you have any dependent parents or
16· ·dependent children?
17· · · ·A.· ·No.
18· · · ·Q.· ·And were you ever married?
19· · · ·A.· ·No.
20· · · ·Q.· ·With respect to your employment history, I
21· ·want to just show you Page 1 of your disability
22· ·application.· Just for clarification purposes,
23· ·there is something that says date of probationary
24· ·appointment and date of regular appointment.· Can
·1· ·you take a look at that because I think the dates
·2· ·might be mismatched because it says your regular
·3· ·appointment was a year before your probationary.
·4· · · ·A.· ·Oh, yeah, I guess I misunderstood that.
·5· ·So I was hired on September 23rd, 2013.
·6· · · ·Q.· ·Okay.
·7· · · ·A.· ·And then I was taken off of probationary
·8· ·December 2014.· So I think I got those backwards is
·9· ·what it was.
10· · · ·Q.· ·That's fine.
11· · · · · · You testified earlier that prior to
12· ·becoming employed with the city of McHenry, you
13· ·underwent a fitness for duty or power test?
14· · · ·A.· ·Yes, ma'am.
15· · · ·Q.· ·Does the city of McHenry require its
16· ·police officers to undergo any additional fitness
17· ·for duty evaluations throughout the tenure of their
18· ·employment?
19· · · ·A.· ·No.
20· · · ·Q.· ·With respect to your credible service and,
21· ·again, these are questions more for my edification,
22· ·did you have any major gaps in terms of your
23· ·employment from the time that you were hired to the
24· ·time that you were terminated?
·1· · · ·A.· ·Yes, ma'am.· I'm sorry --
·2· · · ·Q.· ·Like in terms of suspensions, did you go
·3· ·back into the military?
·4· · · ·A.· ·Oh, no.· No, ma'am.
·5· · · ·Q.· ·So no major gaps in service until this
·6· ·issue?
·7· · · ·A.· ·I apologize.· No, no major gaps, ma'am.
·8· · · ·Q.· ·And you indicated that you filed for a
·9· ·nonduty disability pension only.
10· · · · · · Do you wish to amend that application
11· ·today?
12· · · ·A.· ·No.
13· · · ·MR. EAMES:· No.
14· ·BY MS. GOODLOE:
15· · · ·Q.· ·Did you purchase any sort of military
16· ·service?
17· · · ·A.· ·Like buy back pension related stuff?· No,
18· ·ma'am.
19· · · ·Q.· ·And your date last worked, can you
20· ·reconfirm that for us?
21· · · ·A.· ·Yes.· Would you like the date last worked
22· ·full duty, light duty?
23· · · ·Q.· ·Full duty.
24· · · ·A.· ·Yes, ma'am.· The date last worked full
·1· ·duty I believe to be on December 1st, 2017.
·2· · · ·Q.· ·And then can you provide us with a
·3· ·chronology from that point on what you were doing?
·4· ·Because you indicated you went to light duty and
·5· ·then you I believe attempted to go back to full
·6· ·duty and then eventually were off and then
·7· ·terminated?
·8· · · ·A.· ·Absolutely.· So after I went off full duty
·9· ·and I was advised I needed to, you know, rest my
10· ·back and everything, I did continue to go to the
11· ·appointments as we kind of discussed.· During the
12· ·time of the appointments, I was also doing rest. I
13· ·was told I needed to rest, don't be physical, don't
14· ·work out, and so forth.
15· · · · · · So I went all the way until June and I
16· ·knew I was feeling slightly better, enough to maybe
17· ·go to light duty, so I asked the chain of command
18· ·upstairs if I can go to light duty advising them
19· ·that I still wasn't fit to physically perform the
20· ·duties of a patrol officer.
21· · · ·Q.· ·And then what date in June did you go on
22· ·light duty?
23· · · ·A.· ·It was late June.· I apologize, I don't
24· ·remember the date exactly.
·1· · · ·Q.· ·And so then you went on light duty
·2· ·beginning sometime at the end of June in 2018.
·3· · · · · · And for how long did you remain on light
·4· ·duty?
·5· · · ·A.· ·I made it until August 15th I think it
·6· ·was.
·7· · · ·Q.· ·And on August -- around August 15th or
·8· ·thereafter, were you taken off of work completely?
·9· · · ·A.· ·Yes.· My doctor had advised again that I
10· ·should be taken off work because light duty was
11· ·affecting me as well.
12· · · ·Q.· ·You testified earlier that you were
13· ·talking about a patrol stop where you were walking
14· ·funny and somebody was telling you why are you even
15· ·doing this and also an incident where there was an
16· ·intoxicated person --
17· · · ·A.· ·Yes, ma'am.
18· · · ·Q.· ·-- trying to beat you up.
19· · · ·A.· ·Yes, ma'am.
20· · · ·Q.· ·So were you on unrestricted duty on those
21· ·dates?
22· · · ·A.· ·That was in December -- or November 2017.
23· · · ·Q.· ·So just prior to, okay.
24· · · ·A.· ·So I was on light duty in 2018.
·1· · · ·Q.· ·So those incidents were prior to the
·2· ·purported incidents for disability purposes?
·3· · · ·A.· ·Those occurred after my injury in
·4· ·September of 2017, but before I went off of full
·5· ·duty in December of 2017.
·6· · · ·Q.· ·Thank you for the clarification.
·7· · · ·A.· ·No problem.
·8· · · ·Q.· ·And so you went back to light duty, were
·9· ·taken off of light duty for a period of time.
10· · · · · · Did you ever return to light duty after
11· ·August of 2018?
12· · · ·A.· ·No.
13· · · ·Q.· ·And you indicated earlier you were
14· ·terminated by the municipality due to your failure
15· ·to be able to perform the full and unrestricted
16· ·duties of a police officer; is that correct?
17· · · ·A.· ·That's correct.
18· · · ·Q.· ·What was the termination date?
19· · · ·A.· ·February 5th, 2019.
20· · · ·Q.· ·And from the time you were taken off of
21· ·light duty until February 5th, 2019, were you just
22· ·on unpaid leave of some sort?
23· · · ·A.· ·That's correct.
24· · · · · · Could I clarify?
·1· · · ·Q.· ·Sure.
·2· · · ·A.· ·I think there was a three-day window where
·3· ·I had like three days of comp time.· So it was
·4· ·three days after August 15th and then I went on
·5· ·paid discretionary leave.
·6· · · ·Q.· ·Between 12/1 of 17 to February 5th, 2019,
·7· ·were you, aside from light duty, I assume you were
·8· ·being compensated, were you being compensated in
·9· ·any other way, shape, or form during that period?
10· ·Were you burning accumulated time?
11· · · ·A.· ·No.
12· · · ·Q.· ·No?
13· · · ·A.· ·Again, I will clarify.· I'm sorry.
14· ·December 1st until mid December, there was, again,
15· ·some vacation time there I used.· I don't know the
16· ·exact date, but there was I think a couple weeks of
17· ·time there.
18· · · ·Q.· ·I would assume that the HR department of
19· ·the municipality would be able to supplement it.
20· ·Great.
21· · · · · · And just for verification purposes, the
22· ·date of your disability pension application is
23· ·August 2nd of 2018; is that correct?· It's on
24· ·Page 6 of the disability application, Exhibit 1.
·1· · · ·A.· ·Yes, ma'am.· That's the day I filled it
·2· ·out.· So if I can clarify again.· I submitted it on
·3· ·August 13th, 2018, to Jeffrey Foerster.
·4· · · ·Q.· ·So it was received by Jeffrey Foerster on
·5· ·August 13th of 2018?
·6· · · ·A.· ·That's correct.
·7· · · ·Q.· ·Did you ever maintain any outside
·8· ·employment from the city of McHenry while you were
·9· ·here as a police officer?
10· · · ·A.· ·While I was here as a police officer, no,
11· ·ma'am.
12· · · ·Q.· ·Are you aware of any full-time light duty
13· ·positions within the city of McHenry Police
14· ·Department?
15· · · ·A.· ·There was a full-time light duty position
16· ·which I applied for in 20 -- I'm sorry -- late 2017
17· ·when I first went off.· It was for a public affairs
18· ·officer.
19· · · ·Q.· ·Is that with the police department or the
20· ·municipality?
21· · · ·A.· ·Sorry.· With the police department.
22· · · ·Q.· ·You applied for it, but were not given
23· ·that job?
24· · · ·A.· ·I was unable to make the interview due to
·1· ·my injury.
·2· · · ·Q.· ·And so no full-time light duty position
·3· ·has ever been offered to you; is that correct?
·4· · · ·A.· ·That's correct.
·5· · · ·Q.· ·With respect to your compensation, salary
·6· ·history, we obviously can speak with HR, but could
·7· ·you tell the Board and myself what was your salary
·8· ·as of February 5th, 2019?· What was your salary as
·9· ·of the last time you were working?
10· · · ·A.· ·I wish I could tell you that.· I don't
11· ·know offhand.
12· · · ·Q.· ·Okay.· No problem.
13· · · · · · Given the fact that this is a nonduty
14· ·disability claim, you have never filed a worker's
15· ·comp claim with regard to your back injury?
16· · · ·A.· ·That's correct.
17· · · ·Q.· ·With respect to your prior military
18· ·service, have you been discharged?
19· · · ·A.· ·I was honorably discharged, yes, ma'am.
20· · · ·Q.· ·Did you ever seek any sort or form of
21· ·disability with the VA or the military?
22· · · ·A.· ·Yes, ma'am.
23· · · ·Q.· ·And what were you awarded?
24· · · ·A.· ·Initially in 2012, I was awarded for three
·1· ·things.· I think it was 10 percent for my hearing,
·2· ·10 percent for my back I believe, and then
·3· ·20 percent for depression, but I don't know those
·4· ·numbers exactly.· It's somewhere around there.
·5· · · ·Q.· ·Okay.
·6· · · ·A.· ·Actually, if I could elaborate on that.
·7· ·I'm sorry.
·8· · · · · · So then after I got hurt again this time,
·9· ·I went back for a reevaluation and they did
10· ·increase my back to 40 percent and then my PTSD
11· ·depression was increased as well.
12· · · ·Q.· ·We discussed your prior medical history
13· ·with respect to your back from your military in
14· ·2009 and then in 2015, you started some
15· ·chiropractic consults.· In 2016, it seems like
16· ·through your chiropractic consults, you were doing
17· ·better.
18· · · ·A.· ·Yeah.
19· · · ·Q.· ·Do you have any other treatment history
20· ·with respect to your back condition prior to
21· ·2009?· Did you ever have any back problems prior to
22· ·2009?
23· · · ·A.· ·Not that I recall.
24· · · ·Q.· ·So you were never treated for any back
·1· ·problems prior to 2009 when you were in the
·2· ·military?
·3· · · ·A.· ·Oh, no, no.
·4· · · ·Q.· ·You indicated that obviously your back
·5· ·condition has vacillated over time.· The purported
·6· ·onset of your condition that you placed in your
·7· ·application was around September 25th of 2017 when
·8· ·you were doing a cardio workout?
·9· · · ·A.· ·Yes, ma'am.
10· · · ·Q.· ·You testified earlier that you were going
11· ·for a light jog?
12· · · ·A.· ·Yes.
13· · · ·Q.· ·Just to make me feel really bad for
14· ·myself, what does a light jog entail in terms of
15· ·miles?
16· · · ·A.· ·So Glacier has multiple trails.· I believe
17· ·I was on the 5 mile trail that day which is the max
18· ·trail.· It took a while.· It wasn't like a typical
19· ·run where you might be able to do five miles at a
20· ·ten minute pace, so 50 minutes.· It was probably
21· ·double that.· So I would say somewhere around two
22· ·hours of a jog.
23· · · ·Q.· ·And you -- again, just to clarify, you
24· ·called in to work sick that evening or for your
·1· ·next shift?
·2· · · ·A.· ·Yes.· I called in unable to work.
·3· · · ·Q.· ·I believe that your legal counsel gave us
·4· ·a fairly full recitation as to the medical
·5· ·treatment you received in response.
·6· · · · · · To be brief, it sounds like in the wake of
·7· ·your back condition flaring up, you went to chiro
·8· ·treatments, you went to VA medical consultations,
·9· ·you obtained a new MRI, you underwent additional
10· ·physical therapy, it sounds like you had some neuro
11· ·consults, some surgical consults, you've undergone
12· ·three steroid injections?
13· · · ·A.· ·Four.
14· · · ·Q.· ·Four.· And also an EMG study?
15· · · ·A.· ·Yes, ma'am.· And there was --
16· ·additionally, I tried acupuncture as well.
17· · · ·Q.· ·You testified earlier that when you
18· ·undergo the epidural steroid injections, you would
19· ·feel some relief in pain and then it would dwindle.
20· · · · · · With all four injections, was it the same
21· ·result ultimately?
22· · · ·A.· ·Eventually, it will dwindle.· What
23· ·happens, though, is the amount of time does depend.
24· ·So as I mentioned earlier, the first one was like a
·1· ·few weeks.· The second one lasted, I don't know the
·2· ·exact number, but a couple of months, a few months,
·3· ·and the third one lasted like four months.· This
·4· ·one I am on a month-and-a-half or so right now, and
·5· ·I am starting to get pain back in my legs and my
·6· ·back.
·7· · · ·Q.· ·What are your future plans for medical
·8· ·treatment for your back?
·9· · · ·A.· ·I have to continue to listen to my VA
10· ·doctor, so whatever they say goes.· Right now they
11· ·took me off of physical therapy as of December and
12· ·I was advised to keep doing the stretches, though,
13· ·by the physical therapist.· He gave me a list of
14· ·stretches to do.· I need to check in with him from
15· ·time to time just to make sure everything is going
16· ·okay and if there is a problem, we will continue to
17· ·treat it there.
18· · · · · · There is a possibility in the future for
19· ·surgery if it's needed, but we'll talk about that
20· ·when we get to it as far as the VA goes and the
21· ·treatment goes.
22· · · ·Q.· ·Can you describe to the Board what type of
23· ·surgical intervention you would undergo?
24· · · ·A.· ·So I was explained it would be like a disc
·1· ·fusion where they would fuse the L5 and S1
·2· ·together.· If they fuse the L5 and S1 together, the
·3· ·reason they are hesitant as well as myself is you
·4· ·fuse L5-S1 together, that's a very like -- I guess
·5· ·you call major part of where you move your body.
·6· ·So if they fuse that together, the one above it is
·7· ·going to have to take a lot of the movement and
·8· ·eventually, that one is going to need a fusion and
·9· ·so forth and so forth.
10· · · · · · So 36 is relatively young to have a
11· ·fusion, so we are trying to prevent that by using
12· ·the alternatives such as epidurals and physical
13· ·therapy.
14· · · ·Q.· ·Have you ever heard of something called a
15· ·functional capacity evaluation?
16· · · ·A.· ·I don't believe so.
17· · · ·Q.· ·So it's safe to say the municipality has
18· ·never asked you to undergo a functional capacity
19· ·evaluation or any fitness for duty evaluation prior
20· ·to them terminating you?
21· · · ·A.· ·Correct.
22· · · ·Q.· ·Has there been a change in your condition
23· ·and symptoms since you stopped working as a police
24· ·officer?
·1· · · ·A.· ·As I had mentioned earlier, too, I do feel
·2· ·like I've gotten better.· There's good days and
·3· ·there's bad days, but just having to either, you
·4· ·knee, wear all the gear or just to sit for long
·5· ·periods of time or stand for long periods of time,
·6· ·I think that has helped the improvement.
·7· · · ·Q.· ·Going back to light duty.· When you were
·8· ·on light duty, what issues were you having to
·9· ·necessitate you being taken back off?
10· · · ·A.· ·Well, as far as like my back goes, my back
11· ·pain was increasing again.· It's kind of hard to
12· ·sit in chairs.· I am wiggling around all the time.
13· ·Once that pain starts up, then it's okay if I am
14· ·standing, then there is pain.· So basically, I was
15· ·having pains in my lower back and into my legs
16· ·again.· It was starting to increase at that point.
17· · · ·Q.· ·You indicated earlier that you used to
18· ·enjoy working out, lifting weights.
19· · · · · · Do you still go to the gym?
20· · · ·A.· ·I wish I could.· I have not, no.
21· · · ·Q.· ·So there is no way that we will find you
22· ·pumping 300 pounds of iron, right?
23· · · ·A.· ·I wish, but you won't, no, ma'am.
24· · · ·Q.· ·You indicated earlier that you used to
·1· ·ride a motorcycle.· I believe there's some
·2· ·information in the record as to the same.
·3· · · · · · Do you still ride a motorcycle?
·4· · · ·A.· ·No, ma'am, I haven't.
·5· · · ·Q.· ·Do you own a motorcycle?
·6· · · ·A.· ·I do.
·7· · · ·Q.· ·It has not been driven?
·8· · · ·A.· ·No, ma'am.
·9· · · ·Q.· ·Any other physical activities or
10· ·activities outside of employment that you currently
11· ·are doing that you used to?
12· · · ·A.· ·Physical activities, no, ma'am.· No.· You
13· ·know, I would like to walk and I have a dog, so I
14· ·take my dog for walks as far as physical goes.· And
15· ·when I say we take him for walks, our block is
16· ·about a third of a mile around and we don't do half
17· ·of it.· I will do that about three times a day.· If
18· ·I break it up, it's easier.
19· · · ·Q.· ·In terms of the medications, you were
20· ·prescribed Flexeril, Gabapentin.
21· · · · · · Do you continue to be on those three times
22· ·a day?
23· · · ·A.· ·That's correct.
24· · · ·Q.· ·Are you on any other medications?
·1· · · ·A.· ·Any other medications?
·2· · · ·Q.· ·Yes.
·3· · · ·A.· ·No, ma'am.· They took me off of Celebrex
·4· ·which, as I mentioned earlier, is kind of like
·5· ·antiinflammatory for arthritis stuff.· They took me
·6· ·off because they determined that with blood work,
·7· ·the kidney levels might be a little high.· Some
·8· ·kidney levels may be affected by it.
·9· · · ·Q.· ·Were you ever prescribed any narcotics for
10· ·pain?
11· · · ·A.· ·No, I refuse them.
12· · · ·Q.· ·Are you currently working in any other
13· ·capacity?
14· · · ·A.· ·No, ma'am.
15· · · ·Q.· ·As your counsel pointed out, there are
16· ·three independent medical evaluation reports.
17· · · · · · You did undergo those three independent
18· ·medical evaluations and have had the opportunity to
19· ·review those reports?
20· · · ·A.· ·Yes, ma'am.
21· · · ·Q.· ·There were certain questions in certain
22· ·reports about your willingness to return to work as
23· ·a police officer.
24· · · · · · If you could be a police officer today,
·1· ·would you?
·2· · · ·A.· ·If I was able to, absolutely.
·3· · · ·Q.· ·But you feel that you're disabled from
·4· ·service based on your back?
·5· · · ·A.· ·That's correct.
·6· · · ·MS. GOODLOE:· I have nothing further.
·7· · · ·MR. WEISHAMPEL:· Just a few.
·8· · · · · · · · · · · ·EXAMINATION
·9· ·BY MR. WEISHAMPEL:
10· · · ·Q.· ·Your November 2017 MRI showed an annular
11· ·tear, correct?
12· · · ·A.· ·I believe it showed multiple, but L5-S1 I
13· ·believe there was one as well.
14· · · ·Q.· ·How did that resolve or how did those
15· ·resolve?
16· · · ·A.· ·Well, they mentioned that they would
17· ·resolve or the issues would go away within five to
18· ·six months of rest.
19· · · ·Q.· ·You had treatment with a Dr. Andrew
20· ·Harrison in March through May of 2018, correct?
21· · · ·A.· ·That's correct.
22· · · ·Q.· ·Can you describe how he treated you?
23· · · ·A.· ·Dr. Anthony Harrison, he is a
24· ·chiropractor, so the VA ended up sending me to him
·1· ·as opposed to Stachowiak because it was within
·2· ·their list of approved doctors you could send
·3· ·veterans to.· They sent me to him and he did three
·4· ·types of procedures on me, if you will.· He did
·5· ·chiropractic care.· He did -- I don't remember what
·6· ·it's called, but basically, it's where they try to
·7· ·stretch you out.· I can't think of the name
·8· ·offhand.· If you give me just a second, I will
·9· ·remember it.
10· · · ·MR. EAMES:· Manipulation?
11· · · ·THE WITNESS:· Yes, he basically did
12· ·manipulation where they try to stretch out my body.
13· · · · · · The other thing was electric -- like a
14· ·TENS unit.· He had a TENS unit on me and we
15· ·continued that treatment.
16· ·BY MR. WEISHAMPEL:
17· · · ·Q.· ·The last visit in the record is May 8th,
18· ·2018.
19· · · · · · Did you see him after that?
20· · · ·A.· ·Yeah, I've seen him after that.
21· · · ·Q.· ·How recently was your last visit?
22· · · ·A.· ·I don't have an exact date.· May or
23· ·-- offhand, I don't know, but it was late last
24· ·year.
·1· · · ·Q.· ·In the record, this is Bates stamped 884,
·2· ·you had an appointment with Chandra Gupta Vedak.
·3· · · · · · You saw him for psychotherapy
·4· ·appointments, correct?
·5· · · ·A.· ·Dr. Vedak, yes.
·6· · · ·Q.· ·Do you remember mentioning to him that you
·7· ·wanted to go to Texas to help the hurricane
·8· ·victims?
·9· · · ·A.· ·Absolutely.
10· · · ·Q.· ·You felt capable of that at that time?
11· · · ·A.· ·That's right.
12· · · ·Q.· ·That was I believe three weeks before the
13· ·running injury?
14· · · ·A.· ·Yes, sir.
15· · · ·Q.· ·And just if you sort of have that, your
16· ·condition in early September of 2017 in mind, can
17· ·you just compare your symptoms now to that time?
18· · · ·A.· ·Well, I would like to clarify the
19· ·conditions didn't start until late 2017, so after
20· ·the Texas incident.
21· · · ·Q.· ·Correct.
22· · · ·A.· ·You want me to describe the difference
23· ·between --
24· · · ·Q.· ·Your symptoms now and immediately prior to
·1· ·the running incident.
·2· · · ·A.· ·I'm still worse than right before the
·3· ·running incident.· I still get pains in my back.
·4· ·Like I said, nearly every day, I get them in my
·5· ·legs which causes me a lot of pain and discomfort.
·6· ·So I would say that the condition, though improved,
·7· ·is not where I was before the accident, incident.
·8· · · ·MR. WEISHAMPEL:· That's all I have.
·9· · · ·MS. GOODLOE:· Thank you.· We will open the
10· ·forum to the Board members to ask any questions
11· ·that they have.
12· · · ·MR. CLESEN:· I have a couple.
13· · · · · · · · · · · EXAMINATION
14· ·BY MR. CLESEN:
15· · · ·Q.· ·You were talking about your physical
16· ·examinations to become a police officer and you
17· ·were just talking about the power test.
18· · · · · · Was there a medical exam performed prior
19· ·to being hired that they confirmed that you could
20· ·meet the physical standards of performing the job
21· ·functions?
22· · · ·A.· ·Thanks for the question.· Yeah, there was.
23· ·In fact, I was sent out to Centegra to confirm that
24· ·I was able to lift a certain amount of weights and
·1· ·that I was able to bend down and pick it up
·2· ·correctly and a few other things.
·3· · · ·Q.· ·And you passed all those?
·4· · · ·A.· ·Yes, sir.
·5· · · ·Q.· ·And obviously they -- the city of McHenry
·6· ·hired you based off of that?
·7· · · ·A.· ·Yes, sir.
·8· · · ·Q.· ·You also talked about -- and I want you to
·9· ·clarify this because I think that you might have
10· ·been a little confused about it.
11· · · · · · You said you applied for a light duty
12· ·position as a PR officer.· The PR officer in
13· ·McHenry is a full duty position.
14· · · ·A.· ·Oh, it is, okay.
15· · · ·Q.· ·The person is -- are you sure -- like I
16· ·just want you to clarify that that was not a light
17· ·duty application.
18· · · ·A.· ·No, again, thank you then.· Then to
19· ·clarify, I never did apply for a light duty
20· ·position.· I guess my clarification was that is I
21· ·was assuming it was a light duty position as it's
22· ·an office or desk job is what I thought.
23· · · ·Q.· ·You thought you might have been -- had a
24· ·better shot of continuing as a police officer given
·1· ·that position because that position does not
·2· ·typically wear a vest or a duty belt?
·3· · · ·A.· ·That's correct.
·4· · · ·Q.· ·But if you had to wear a duty belt, you're
·5· ·saying that that puts more strain on your lower
·6· ·back and, therefore, more inability to perform the
·7· ·job?
·8· · · ·A.· ·That's correct.· Not just a duty belt,
·9· ·though, but also the vest.
10· · · ·Q.· ·As you sit here right now, I notice you
11· ·have been moving around in your chair.
12· · · · · · I mean, do you have a pain level right now
13· ·as you sit in front of us?
14· · · ·A.· ·I am in some pretty good discomfort right
15· ·now.
16· · · ·Q.· ·Where would you throw it in the 1 to 10
17· ·scale that they usually use?
18· · · ·A.· ·Right now, I am probably at a 5 to a 6.
19· · · ·MR. CLESEN:· And I know you asked a question
20· ·about salary.· I have that information if you want
21· ·that.· So you asked about February of '19 where he
22· ·would have been.· If that would have been after
23· ·five years, that's $85,275.02 after five years
24· ·under the previous contract.
·1· · · ·MS. GOODLOE:· Thank you.
·2· · · ·MR. CLESEN:· That's all I got.
·3· · · · · · Marc?
·4· · · ·MR. FISHER:· You can pass me for a second.
·5· · · ·MR. FOERSTER:· I don't have any questions.
·6· · · · · · · · · · · EXAMINATION
·7· ·BY MS. BUSS:
·8· · · ·Q.· ·Do you perform duties at home?· Can you do
·9· ·anything around the house?
10· · · ·A.· ·Yes, ma'am.· I kind of hit on that a
11· ·little bit earlier, like vacuuming and stuff like
12· ·that.· Vacuuming is sometimes kind of difficult.
13· ·And I do have a dog, so I have to take him for
14· ·walks which also is a difficult task.· And there
15· ·are some things I can't do at home.· If I need to
16· ·get stuff from, say, the attic, I have to call my
17· ·brother or call my neighbor and stuff like that.
18· · · ·MS. KRANZ:· He asked what I was thinking.
19· · · · · · · · · · · EXAMINATION
20· ·BY MR. FISHER:
21· · · ·Q.· ·Back to Page 174 that you referred to
22· ·earlier.· I just want to clarify something in here.
23· ·Maybe it's a typo.
24· · · ·A.· ·Absolutely.
·1· · · ·Q.· ·This discussed -- this is from
·2· ·November 8th, 2017, and it discusses that you are
·3· ·working in construction.
·4· · · ·A.· ·Yeah, absolutely.· I'd love to clarify
·5· ·that.· Somehow my doctor at the VA got under the
·6· ·assumption that I was construction.· However, there
·7· ·are records in here before and after indicating
·8· ·that I claimed my profession as a police officer.
·9· ·In fact, that day when I checked into the VA -- do
10· ·you mind if I run through this?
11· · · ·MR. EAMES:· Go ahead.
12· · · ·THE WITNESS:· Cool.· There should be -- if you
13· ·give me a minute, I will find it.· But there are
14· ·notes in here of what your career is, and it's
15· ·always generally said police officer.· So he has
16· ·been --
17· ·BY MR. FISHER:
18· · · ·Q.· ·Hang on one second.· Page 177 says
19· ·employment, police officer.
20· · · ·A.· ·So how he got construction worker, I can't
21· ·answer that.
22· · · ·Q.· ·So you have never done side jobs or
23· ·anything outside work as a construction worker?
24· · · ·A.· ·That's correct.
·1· · · ·Q.· ·You've never had any other outside
·2· ·employment while working as a police officer?
·3· · · ·A.· ·No.
·4· · · ·Q.· ·You have never done any other jobs that
·5· ·brought in revenue?
·6· · · ·A.· ·I made T shirts on the side.
·7· · · ·Q.· ·Are you still?
·8· · · ·A.· ·I do.
·9· · · ·Q.· ·Where are you doing those at?
10· · · ·A.· ·At my house.
11· · · ·Q.· ·What does that entail?
12· · · ·A.· ·So my T shirt machine pretty much does it
13· ·for me.· It's called a Hotronix by Stahls' Express.
14· ·What I do is I make a graphic design.· I print it
15· ·up onto a piece of vinyl.· I put the vinyl on the
16· ·shirt, I put the shirt on the press, I hit a button
17· ·that puts it down, presses it for 15 seconds, pops
18· ·it up.· I take the shirt off and I unpeel the
19· ·lining to the vinyl, if you will.
20· · · ·Q.· ·Is there any lifting, bending, twisting
21· ·involved in this?
22· · · ·A.· ·Not much, no.
23· · · ·Q.· ·Any?· Yes or no?
24· · · ·A.· ·No, no.
·1· · · ·Q.· ·There is no like getting the machine off,
·2· ·you're twisting?
·3· · · ·A.· ·No.· Like I said, the machine is
·4· ·automatic.· I press a button and it goes down.
·5· ·Press a button and it goes back up.
·6· · · ·MR. FISHER:· Okay.
·7· · · · · · · · · · · ·EXAMINATION
·8· ·BY MS. GOODLOE:
·9· · · ·Q.· ·Who are you making the T shirts for?
10· · · ·A.· ·Anyone who needs them.· I have done them
11· ·for the police department.· I didn't make any
12· ·money.· They did the Polar Plunge, so I made the
13· ·Polar Plunge shirts.· I make my friends shirts all
14· ·the time.· I make anybody who might want a shirt, a
15· ·shirt.
16· · · · · · · · · · · ·EXAMINATION
17· ·BY MS. BUSS:
18· · · ·Q.· ·Do you sit at a computer?
19· · · ·A.· ·It depends.· I can sit or stand.
20· · · ·MS. GOODLOE:· Anything else?
21· · · ·MR. CLESEN:· I have a couple more follow ups if
22· ·anyone wants to go first.
23· · · ·MS. GOODLOE:· Go ahead.
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·1· · · · · · · · · · · ·EXAMINATION
·2· ·BY MR. CLESEN:
·3· · · ·Q.· ·Reading through the three independent
·4· ·medical examinations that are here, it appears that
·5· ·obviously one doctor has his opinion, Dr. Tack,
·6· ·that your PTSD relates to your back injury.
·7· · · · · · Do you want to have any explanation about
·8· ·that, about why -- what your thoughts about his
·9· ·medical opinion?
10· · · ·A.· ·I really don't know what his thoughts were
11· ·because he didn't even ask me about it.· So here we
12· ·are at this appointment where he asked me about my
13· ·back and we talk about it for I don't know what it
14· ·was, a good 45 minutes maybe and he never asked me
15· ·about anything of PTSD related, yet he comes to
16· ·this opinion.· I don't know how he gets the opinion
17· ·if he doesn't even examine me for it.
18· · · ·Q.· ·Do you believe he got that from your
19· ·medical records?
20· · · ·A.· ·Oh, yeah, absolutely.· He read the medical
21· ·records and made an opinion based on that.
22· · · ·Q.· ·And the other two, and I'm not sure if it
23· ·was in both, but it was definitely in one of them,
24· ·the doctor described your running incident as not
·1· ·necessarily much of an injury, per se, as just a
·2· ·continuing aggravation of the previous condition.
·3· ·I forgot how he described it, the bulging discs and
·4· ·everything like that.
·5· · · · · · Is that how you -- you had a condition
·6· ·that was obviously -- that occurred in 2009, you
·7· ·were able to pass the medical exam to be a police
·8· ·officer, and that the running aggravated it to the
·9· ·point beyond correction back down to the level
10· ·where you were when you started employment?· Is
11· ·that how you characterize it?
12· · · ·A.· ·I think that's a fair assumption.
13· · · ·MR. CLESEN:· All right.· That's all I got.
14· · · · · · · · · · · ·EXAMINATION
15· ·BY MR. FOERSTER:
16· · · ·Q.· ·So you said you're getting a disability
17· ·from the military?
18· · · ·A.· ·That's correct.
19· · · ·Q.· ·How much is that a month?
20· · · ·A.· ·That's $1,800 a month.
21· · · ·Q.· ·1,800, okay.
22· · · · · · · · · · · ·EXAMINATION
23· ·BY MS. KRANZ:
24· · · ·Q.· ·And 40 percent of that is due to back
·1· ·pain?
·2· · · ·A.· ·40 percent is back pain, yes, ma'am.· What
·3· ·it comes out to, I don't have the exact numbers,
·4· ·but there is a certain percentage that is just the
·5· ·lower back itself which is like we will call that
·6· ·10 percent, for example.· Those numbers aren't
·7· ·actually accurate.
·8· · · · · · Then there is a certain percentage for
·9· ·each leg that is affected due to the lower back.
10· ·So there might be 10 percent of one leg and 20
11· ·percent on the more affected leg being the left
12· ·leg.· That is how that adds up.
13· · · ·MS. GOODLOE:· Anything further?
14· · · · · · Redirect, counsel?
15· · · ·MR. EAMES:· None.
16· · · ·MS. GOODLOE:· Do you have any further witnesses
17· ·to call today?
18· · · ·MR. EAMES:· None.
19· · · ·MS. GOODLOE:· I don't believe the Board has any
20· ·additional witnesses to call.· If you want the
21· ·opportunity to make a brief closing argument, go
22· ·ahead.
23· · · ·MR. EAMES:· Sure.
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·1· · · · · · · · · · CLOSING STATEMENT
·2· ·BY MR. EAMES:
·3· · · ·Q.· ·Thank you, everybody, for your attention
·4· ·and your questions.· It's always great to see a
·5· ·really engaged Board.· Much appreciated.· Shows
·6· ·you're taking this seriously.
·7· · · · · · So what we're here today to talk about is
·8· ·the medical question.· Our burden is the greater
·9· ·weight of the evidence.· We have two independent
10· ·medical examiners in favor of disability and one
11· ·not.· That's a lazy argument to just say, well, two
12· ·versus one and that's it and that's what we do.
13· ·There is much, more evidence to consider
14· ·objectively and subjectively.
15· · · · · · Now, the most important thing about this,
16· ·one, the one versus two, this Tack independent
17· ·medical exam is that if you actually read his
18· ·opinion and he's asked can he perform full duty
19· ·police work, he says, yes, I think he can, however,
20· ·that's not to say that he won't be in significant
21· ·pain doing so.· It's a ridiculous opinion to
22· ·suggest that somebody can do full duty police work
23· ·while being in extensive pain while performing
24· ·those duties.
·1· · · · · · You heard Sean testify with regard to
·2· ·trying to attempt to subdue a drunken elderly
·3· ·suspect and he felt he was incapable of doing so
·4· ·because of pain.· Does this sound safe?· Does this
·5· ·sound appropriate to suggest that acknowledging
·6· ·somebody from a medical standpoint is in a lot of
·7· ·pain undisputedly so is capable of full duty police
·8· ·work?· It's an absurd opinion not to mention his
·9· ·opinions pertaining to the PTSD as discussed, but
10· ·also as the officer acknowledged, the error in the
11· ·VA record which said he worked in construction.
12· · · · · · There was another error in the VA record
13· ·earlier which indicated that Sean said this was a
14· ·work injury.· It was in the VA records.· Sean has
15· ·not once ever claimed that it was a work injury.
16· · · · · · Have you?
17· · · ·THE WITNESS:· That's correct.
18· · · ·MR. EAMES:· We are not claiming a line of duty
19· ·disability pension and it's absurd as Dr. Tack did
20· ·to try to hold that against Sean and say he's
21· ·somehow being disingenuous because at one point
22· ·there's a reference in the medical record that said
23· ·this was related to work, inconsistent, no
24· ·disability.· It's disgusting.
·1· · · · · · Now, the other two opinions which should
·2· ·carry greater weight both indicate for different
·3· ·reasons that this man is disabled.· These are
·4· ·objective injuries.· Yes, pain is subjective.· We
·5· ·have MRIs, we have positive EMGs.· You can't fake
·6· ·an EMG, you can't fake radiculopathy, you can't
·7· ·fake an MRI.· The vast majority of all the credible
·8· ·evidence shows disability.
·9· · · · · · He gave a sincere effort.· He worked
10· ·through his pain with a chiropractor.· He was doing
11· ·great.· It took a turn for the worse leaving him
12· ·unable to perform his duties.
13· · · · · · As Dr. Gleason and Dr. Alpert both say,
14· ·unquestionably he's incapable of full duty work and
15· ·he will never improve to the extent with surgery or
16· ·without surgery to being able to be a full duty
17· ·police officer.
18· · · · · · For that reason based upon the greater
19· ·weight of the evidence, we are asking this Board to
20· ·award him a not-on-duty disability pension.
21· · · ·MS. GOODLOE:· Thank you, Mr. Eames.
22· · · · · · At this time, the Board has one of three
23· ·options.· We can deliberate in open session
24· ·pursuant to 2(c)(4) 4 or 2(c)(11) of the Open
·1· ·Meetings Act, make a motion to adjourn into
·2· ·executive session, or if the Board needs additional
·3· ·time to review the evidence that was entered here
·4· ·today, the transcripts, we can adjourn and
·5· ·reconvene at a later date in time.
·6· · · ·MR. CLESEN:· I make a motion to move into
·7· ·executive session.
·8· · · ·MR. FISHER:· I will second that.
·9· · · ·MS. GOODLOE:· Okay.· Trustee Buss?
10· · · ·MS. BUSS:· I agree.
11· · · ·MS. GOODLOE:· Foerster?
12· · · ·MR. FOERSTER:· Yes.
13· · · ·MS. GOODLOE:· Fisher?
14· · · ·MR. FISHER:· Yes.
15· · · ·MR. FOERSTER:· Clesen?
16· · · ·MR. CLESEN:· Yes.
17· · · ·MS. GOODLOE:· Kranz?
18· · · ·MS. KRANZ:· Yes.
19· · · ·MS. GOODLOE:· Okay.· We are going to go off the
20· ·open session record at 10:13 a.m.
21· · · · · · · · · · · · · · · · (Recess taken.)
22· · · ·MS. GOODLOE:· It's 10:46 a.m.· Is there a
23· ·motion to go back into open session?
24· · · ·MR. FOERSTER:· I'll entertain a motion to go
·1· ·back into open session.
·2· · · ·MR. CLESEN:· I second.
·3· · · ·MR. FOERSTER:· No.· I'll entertain a motion.
·4· · · ·MR. CLESEN:· Oh, you're entertaining.
·5· · · · · · I will make said motion.
·6· · · ·MR. FISHER:· I will second it.
·7· · · ·MR. FOERSTER:· Moved by Nick, seconded by Marc.
·8· · · · · · Any further discussion?· Do we have to do
·9· ·a roll call?
10· · · ·MS. GOODLOE:· All in favor.
11· · · ·MR. FOERSTER:· All in favor?
12· · · ·MS. BUSS:· Aye.
13· · · ·MR. FISHER:· Aye.
14· · · ·MR. CLESEN:· Aye.
15· · · ·MS. KRANZ:· Aye.
16· · · ·MR. FOERSTER:· Opposed same sign.· Back in open
17· ·session.
18· · · ·MS. GOODLOE:· Correct.
19· · · ·MR. FOERSTER:· So I'll entertain a motion about
20· ·Officer Klechak's disability pension.
21· · · ·MR. CLESEN:· I make a motion to approve Officer
22· ·Klechak's application for a non-duty disability
23· ·pension.
24· · · ·MR. FOERSTER:· Is there a second?
·1· · · ·MR. FISHER:· I'll second it.
·2· · · ·MR. FOERSTER:· Moved by Nick, seconded by Marc.
·3· · · · · · Is there any further discussion?· If not,
·4· ·I will take a roll call vote.
·5· · · · · · Roll call vote on the motion to grant
·6· ·Sean Klechak a non-duty related disability pension.
·7· · · · · · Ann Buss?
·8· · · ·MS. BUSS:· I agree.· Yes.
·9· · · ·MR. FOERSTER:· Marc Fisher?
10· · · ·MR. FISHER:· Yes.
11· · · ·MR. FOERSTER:· Nick Clesen?
12· · · ·MR. CLESEN:· Yes.
13· · · ·MR. FOERSTER:· Cheryl Kranz?
14· · · ·MS. KRANZ:· Yes.
15· · · ·MR. FOERSTER:· And Jeff Foerster, yes.
16· · · · · · The motion carries five to zero.
17· · · ·MS. GOODLOE:· Okay.· Congratulations, Officer
18· ·Klechak or Mr. Klechak.· The Board has awarded you
19· ·a non-duty disability pension.· It is going to be a
20· ·pension based upon 50 percent of your salary as of
21· ·the date of your removal from payroll.· It is going
22· ·to take effect as soon as administratively
23· ·possible, but a couple things have to happen first.
24· · · · · · Number one, the Pension Board has to get
·1· ·together with municipality to confirm and verify
·2· ·your salary when you were last paid because you
·3· ·indicated that you were on light duty for a period
·4· ·of time and then crank the numbers.· By state
·5· ·statute, the treasurer has to sign off on these
·6· ·calculations as does the Board.
·7· · · · · · I don't see any reason why Mr. Klechak
·8· ·couldn't go into pay status before the final
·9· ·decision is rendered and approved.· I believe that
10· ·is your protocol in the past, but it's up to you.
11· · · · · · Speaking of which, we have to under the
12· ·law prepare a final written decision and order.
13· ·That is going to become the final appealable
14· ·decision in this claim.· It's going to take me a
15· ·while to go through all this, write up the
16· ·decision, and also get the transcript.· When I have
17· ·it written, the Board will have to either hold a
18· ·special meeting or at the next regular meeting vote
19· ·to approve that.· So just know that it's going to
20· ·be a couple month's before you're hearing from me
21· ·with the written decision order that has been
22· ·approved.
23· · · · · · We will work with, again, the municipality
24· ·and our accountants to getting you into pay status,
·1· ·but it will take a couple weeks time at least to
·2· ·make sure we have everything finalized.
·3· · · ·THE WITNESS:· Thank you.
·4· · · ·MS. GOODLOE:· Under the law, you do have the
·5· ·obligation of undergoing annual reevaluations for
·6· ·verifying the continuance of your disability.· It's
·7· ·up to the Board as to what policies and procedures
·8· ·they have implemented with respect to the same.· We
·9· ·ask for your cooperation in undergoing those
10· ·evaluations.· They should take place around once a
11· ·year and up until age 50.
12· · · · · · Do you have any other questions before we
13· ·adjourn?
14· · · ·THE WITNESS:· I don't, no.
15· · · ·MS. GOODLOE:· Is there a motion to adjourn?
16· · · ·MR. CLESEN:· I'll make said motion.
17· · · ·MR. FISHER:· I will second.
18· · · ·MR. FOERSTER:· Moved by Marc, seconded by
19· ·-- moved by Nick, seconded by Marc.· Any further
20· ·discussion?
21· · · · · · All in favor say Aye.
22· · · ·MS. BUSS:· Aye.
23· · · ·MR. FISHER:· Aye.
24· · · ·MR. CLESEN:· Aye.
·1· · · ·MS. KRANZ:· Aye.
·2· · · ·MR. FOERSTER:· Opposed same sign.
·3· · · · · · So ordered.· We are adjourned for that
·4· ·meeting.
·5· · · ·MS. GOODLOE:· Okay.· Thank you.
·6· · · · · · · · ·(Hearing concluded at 10:50 a.m.)
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·1· ·STATE OF ILLINOIS· )
·2· · · · · · · · · · · )· ·SS:
·3· ·COUNTY OF C O O K· )
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·5· · · · · · SHELLY S. RUBAS, being first duly sworn,
·6· ·on oath says that she is a court reporter doing
·7· ·business in the City of Chicago; and that she
·8· ·reported in shorthand the proceedings of said
·9· ·hearing, and that the foregoing is a true and
10· ·correct transcript of her shorthand notes so taken
11· ·as aforesaid, and contains the proceedings given at
12· ·said hearing.
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15· · · · · · · · ·Certified Shorthand Reporter
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