CITY OF ORLANDO POLICE PENSION BOARD IN RE APPLICATION OF Gerry Realin for Service-Connected Duty Disability Retirement FINAL ADMINISTRATIVE ORDER GRANTING A SERVICE-CONNECTED DUTY DISABILITY RETIREMENT THIS MATTER came before the Pension Board, pursuant to proper notice, on July 13, 2017, on the application of Gerry Realin, a former City of Orlando Police Of?cer for an in-line of duty disability retirement. Mr. Realin was represented by his attorney, Paolo Longo, as well as his wife and attorney-in-fact- The City was represented by attorney Steven McKillop. All medical reports, the application and related documents were accepted into evidence. Counsel for the parties provided their respective analyses of the record evidence and the Board also heard argument of counsel. For the reasons which follow, the application is GRANTED. Mr. Realin?s injuries stem from Post-Traumatic Stress Disorder (PTSD), which he developed after responding to the mass shooting at Pulse on June 12, 2016. His PTSD presented itself in flashbacks, exhaustion, anxiety, sleeplessness, sadness and poor concentration. As a result of these issues, Mr. Realin was diagnosed with hypertension on July 19, 2016. Mr. Realin underwent an independent medical examination through worker?s compensation on February 8, 2017. The examination was conducted by Herndon Harding Jr., MD. In his report, Dr. Harding concluded, clearly does have certain that support the diagnosis of PTSD including a reasonable etiology of trauma: interfering thoughts, cognitive and mood changes, and signi?cant arousal The report further found that Mr. Realin was disabled from further service as a police of?cer. The Board of Trustees scheduled Mr. Realin for their own IME with Dr. Louise Buhrmann on June 16, 20l7. Dr. Buhrman diagnosed Mr. Realin with PTSD and major depressive disorder in partial remission. Dr. Buhrmann opined that Mr. Realin is permanently and totally disabled and is un?t to perform his required duties. She also determined that the disability was directly caused by the trauma that Mr. Realin experienced while working as a police of?cer. Dr. Buhrmann recommended that Mr. Realin be declared disabled from any kind of police work. As Florida courts have not yet dealt with the issue of PTSD in the absence of physical contact in the context of a retirement plan, the Board has looked to the decisions of retirement boards in otherjurisdictions to distinguish between expected stress that can accompany the job of a police of?cer and those extraordinary events that cannot be planned for. Although there may be some variation between pension funds, typically an of?cer must be completely and permanently disabled, either physically or mentally, to receive a disability bene?t. The New Jersey Supreme Court has held the following: A mental disability arising out of a pure mental stressor with no physical impact can qualify a member for accidental disability bene?ts so long as the member satis?es the Richardson criteria (described below) and in addition, the disability must result from direct personal experience of a terrifying or horror-inducing event that involves actual or threatened death or serious injury, or a similar serious threat to the physical integrity of the member or another person. Russo v. Board of Trustees, Police and Firemen ?s Retirement System, 206 NJ. 14 (201 l) at 17. The Richardson criteria mentioned above requires that in order for a claimant to be eligible for accidental disability bene?ts based on PTSD, he or she must prove each of the following: 1. That the member is permanently and totally disabled; 2. As a direct result ofa traumatic event that is a. identi?able as to time and place, undesigned and unexpected, and c. caused by a circumstance external to the member (not the result ofa pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member?s regular or assigned duties; 4. that the disability was not the result ofthe member?s willful negligence; and 5. that the member is mentally or physically incapacitated from performing his usual or any other duty. Richardson v. Board of Trustees, Police and Firemen ?s Retirement System. 192 NJ. 189 (2007). In order for the disability to be granted, the claimant must be able to prove that the event was ?undesigned and unexpected.? This concept is well explained in Martinez v. Board of Trustees, 2016 WL 7233999 (NJ. App. 2016). Martinez was a hostage negotiator who had extensive training in his ?eld. However, Martinez suffered PTSD after witnessing the fatal shooting and display of the corpse of a suspect with whom he had negotiated for 12 hours during a crisis situation. Ultimately, it was determined that even though Martinez had trained for this exact situation, there were extenuating circumstances that caused the event to rise to the level of unexpected and undesigned. Although the standard explained above is not binding on the Orlando Police Pension Fund, the Board finds the analysis of the New Jersey courts persuasive. The Pulse Shooting was the deadliest terrorist attack in the United States since September 11, 2001. Regardless of the training Mr. Realin received during his career, the Board concludes that the impact of this catastrophic event on Mr. Realin was something that simply could not be prepared for. Having considered all of the evidence and the law applicable to the case, the Board of Trustees ?nds that Mr. Realin is permanently and totally disabled from further service as a City of Orlando Police Of?cer arising from a duty related incident, as de?ned by terms ofthe Plan. The Board also ?nds no disqualifying events were present. Finally, the Chief of Police, through the City advocate, advised that there was no position in the Orlando Police Department with no loss of pay or bene?ts for which Mr. Realin was quali?ed. Accordingly, the application for service connected disability retirement is hereby GRANTED. The effective date of the disability shall be August 1, 2017. DONE AND ORDERED at Orlando, Orange County, Florida this 13th day ofJuly, 2017. irperson, Board of Trustees 7/27 DATED FILED with the Pension Coordinator/Clerk ofthe Board thisoi 2 day ofijw?gg, 2017. lat?W PENSION COORDINATOR NOTICE OF APPELLATE RIGHTS A Final Administrative Order granting your request for line of duty disability bene?ts was rendered by the Board of Trustees on July 13, 2017. In the event that any party wishes to challenge this Order, that party must file a petition for writ of common law certiorari within thirty (30) days ofthe date this Order was rendered. The original petition must be ?led with the Pension Coordinator/Clerk ofthe Board and a copy ofthe petition, together with the filing fee as prescribed by law, must be filed with the Clerk ofthe Circuit Court of Orange County, Florida. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served this e917 day of 1 ?39 2017, via mail to the following: Steven McKillop, Esquire Jones, Hurley Hand, PA. 1040 Woodcock Road Suite 100 Orlando, Florida 32751 Austin Moore, Esquire Orlando Police Department 1250 W. South Street Orlando, Florida 32805 MICHELE VARNUM KEANE . NOTARY PUBLIC I STATE OF FLORIDA Cunm? Expires W18 Paolo Longo, Esquire Bichler, Oliver, Longo fox, PLLC 541 South Orlando Avenue #310 Maitland, Florida 32751 MICHELE KEANE PENSION OF THE BOARD Redaction Log Reason Spouse's Name - Exempt under 119.071(4)(b) (1) Page (# of occurrences) 1 (1) Description ---