On July 22, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Jose M Vega Jr,
and
Article Ii, The Board Of Trustees Of The Police Pension Fund,,
Aticle Ii, The New York City Police Department,
James P. O'Neill, As Police Commissioner Of The City Of New York And As Chariman Of The Board Of Trustees Of The Police Pension Fund,
The City Of New York.,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019
e. u
POLICEDBPARTMENT17-0045
March 17, 2017
From: Medical Board Police Pension Fund Article II
To: Board of Trustees Police Pension Fund
S bject: RETERED POLICE OFFICER JOSE VEGA,
SHIELD #11106, TAX #919815
1f This is in response to a communication dated Pebruary 24, 2017 from
the Executive Director, Police Pension Fund, in which the application for
Disability Retirement is remanded to the Article II Medical Board in light of "As
REMAND)."
per Verbatim minutes (JUDICIAL
2. Retired Police Officer Jose Vega was previously before the Medical
Board on.November 18, 2013, June 13, 2014 and March 20, 2015. Itwas the final
decision of the Article II Medical Board to recommend approval of the Police
Cdmmissioner's application for Ordinary Disability Retiremerit and disapproval of
the retired officer's own application for Accident Disability Retirement with a final
diagnosis of hypertension, cardiomyopathy, obstructive sleep apnea and 1ñcrbid
obesity.
3. TheArticle II Medical Board makes reference to the minutes of the
above meetings for complete docuinentation as to the incidents Involved, findings
his own physicians, diagnostic reports and findings by the Medical Board.
by
4. The Medical Board finds that .itis well known that hypertension is a
co nmon condition. It is accepted that stress will aggravate it and as the Medical
Board understarids the Heart Bill. In order for hypertension to be accepted and
COURTESY • PROFESSIONALISM • RESPECT
FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019
RETIRED POLICE OFFICER JOSE VEGA, SHIELD #11106, TAX #919815
March 17, 2017
Page -2-
covered by the Bill, itmust show evidence that the hypertension has caused heart
disease. The evidence that hypertension has caused heart disease is
usually
demonstrated by measurement of the left ventricular wall, the
specifically
measurement of the interventricuhir septum during diastole and the measurement
of the posterior wall of the left ventricle during diastole, Normal measurements
are considered 11 mm for each. It is generally accepted that thickened
interventricular septum and posterior wall up to 14 mm is not evidence of it being
the cause of heart disease. The Medical Board considers measurements greater
than 40 mm as evidence that hypertension may be the cause of a cardiac disability.
In the case of this officer, the measurements which the Medical Board has in the
medical records provided are consistently less than 40 mm. He underwent an
echocardiogram perfonned on May 3, 2013 which revealed the measurements for
the interventricular septum and posterior wall to be 12 mm. At that time, there was
evidence of left ventricular dysfunction and that the ejection fraction was
abnormal, namely 46% instead of the usual 55 to 60% Also, the left ventricular
chamber was enlarged which would.not have been caused by hypertension. Left
ventricular function was again demonstrated on a cardiac scan perfonned on July
5, 2013. The ejection fraction was demonstrated to be abnormal narnely 45%
Therefore, the Medical Board has evidence of heart disease without left ventricular
hypertrophy which is significant. The officer underwent cardiac catheterization
which gave a diagnosis of cardiornyopathy and significant left ventricular
was not evident. The Medical Board finds that this is why his heart
hypertrophy
disease is not ascribed to his hypertension. The Medical Board also notes that there
are inany other aspects to his heart disease such as atypical chest pain and episodes
of pericarditis which are not explained by hypertension but other cardiac
conditions.
5. The Medical Board find s that there mere presence of left ventricular
hypertrophy (LVH) is not per se indicative of heart disease. As previously
mentioned, the LVH needs to be of a certain degree and that is usually considered
140 which is not the case in the officer's and that is the reason his
finding why
heart disease was not ascribed to his hypertension. The Medical Board finds that
unless the LVH produces thickening of the interventricular septum and posterior
wall certain degree that is 40 mm, the Medical Board does not ascribe heart disease
to thehypertension.
232
FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019
RET1RED P OLICE OFFICER JOSE VEGA, SH1ELD #11106, TAX #919815
March 17, 2017
Page -3-
6. Based on the review of the meclical documentation, the Article II
Medical Board reaffirrns its previous decision and recommends approval of the
Police Commissioñer's application for Ordinary Disability Retirement and
disapproval of the retired officer's own application for Accident Disability
Retirement. The final diagnosis is Hyperteñsion, Cardiomyopathy, Obstructive
Sleep Apnea and Morbid Obesity.
Dorothy Kunstadt, MD Reply-Reaffirm Previous Decision
Chairperson Approve-PC-Ordinary Disability
Police Pension Board Article II Disapprove-Own-Accident Disability
-
Lawrencie Scharer, MD Reply-Reaffirm Previous Decision
Dept. of Citywide Adm. Services Approve-PC-Ordinary Disability
Disapprove-Own-Accident Disability
4:
Lawrence Reduto, MD . Reply-Reaffirm Previous Decision
Department of Health .. Approve-PC-Ordinary Disability
Disapprove-Own-Accident Disability
cj/tl Disability of this raember.certified as NON SERVICE CONNECTED and he/she would
he eligible for retirement under Sec. 13-251 of the Adrninistrative Code (date to be set.)
Amount of pension to be certified by the Chief Actuary and reported to Board....,..lg
233 ..
Document Filed Date
July 23, 2019
Case Filing Date
July 22, 2019
Category
Special Proceedings - CPLR Article 78
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019 e. u POLICEDBPARTMENT17-0045 March 17, 2017 From: Medical Board Police Pension Fund Article II To: Board of Trustees Police Pension Fund S bject: RETERED POLICE OFFICER JOSE VEGA, SHIELD #11106, TAX #919815 1f This is in response to a communication dated Pebruary 24, 2017 from the Executive Director, Police Pension Fund, in which the application for Disability Retirement is remanded to the Article II Medical Board in light of "As REMAND)." per Verbatim minutes (JUDICIAL 2. Retired Police Officer Jose Vega was previously before the Medical Board on.November 18, 2013, June 13, 2014 and March 20, 2015. Itwas the final decision of the Article II Medical Board to recommend approval of the Police Cdmmissioner's application for Ordinary Disability Retiremerit and disapproval of the retired officer's own application for Accident Disability Retirement with a final diagnosis of hypertension, cardiomyopathy, obstructive sleep apnea and 1ñcrbid obesity. 3. TheArticle II Medical Board makes reference to the minutes of the above meetings for complete docuinentation as to the incidents Involved, findings his own physicians, diagnostic reports and findings by the Medical Board. by 4. The Medical Board finds that .itis well known that hypertension is a co nmon condition. It is accepted that stress will aggravate it and as the Medical Board understarids the Heart Bill. In order for hypertension to be accepted and COURTESY • PROFESSIONALISM • RESPECT FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019 RETIRED POLICE OFFICER JOSE VEGA, SHIELD #11106, TAX #919815 March 17, 2017 Page -2- covered by the Bill, itmust show evidence that the hypertension has caused heart disease. The evidence that hypertension has caused heart disease is usually demonstrated by measurement of the left ventricular wall, the specifically measurement of the interventricuhir septum during diastole and the measurement of the posterior wall of the left ventricle during diastole, Normal measurements are considered 11 mm for each. It is generally accepted that thickened interventricular septum and posterior wall up to 14 mm is not evidence of it being the cause of heart disease. The Medical Board considers measurements greater than 40 mm as evidence that hypertension may be the cause of a cardiac disability. In the case of this officer, the measurements which the Medical Board has in the medical records provided are consistently less than 40 mm. He underwent an echocardiogram perfonned on May 3, 2013 which revealed the measurements for the interventricular septum and posterior wall to be 12 mm. At that time, there was evidence of left ventricular dysfunction and that the ejection fraction was abnormal, namely 46% instead of the usual 55 to 60% Also, the left ventricular chamber was enlarged which would.not have been caused by hypertension. Left ventricular function was again demonstrated on a cardiac scan perfonned on July 5, 2013. The ejection fraction was demonstrated to be abnormal narnely 45% Therefore, the Medical Board has evidence of heart disease without left ventricular hypertrophy which is significant. The officer underwent cardiac catheterization which gave a diagnosis of cardiornyopathy and significant left ventricular was not evident. The Medical Board finds that this is why his heart hypertrophy disease is not ascribed to his hypertension. The Medical Board also notes that there are inany other aspects to his heart disease such as atypical chest pain and episodes of pericarditis which are not explained by hypertension but other cardiac conditions. 5. The Medical Board find s that there mere presence of left ventricular hypertrophy (LVH) is not per se indicative of heart disease. As previously mentioned, the LVH needs to be of a certain degree and that is usually considered 140 which is not the case in the officer's and that is the reason his finding why heart disease was not ascribed to his hypertension. The Medical Board finds that unless the LVH produces thickening of the interventricular septum and posterior wall certain degree that is 40 mm, the Medical Board does not ascribe heart disease to thehypertension. 232 FILED: NEW YORK COUNTY CLERK 07/23/2019 03:17 PM INDEX NO. 157128/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/23/2019 RET1RED P OLICE OFFICER JOSE VEGA, SH1ELD #11106, TAX #919815 March 17, 2017 Page -3- 6. Based on the review of the meclical documentation, the Article II Medical Board reaffirrns its previous decision and recommends approval of the Police Commissioñer's application for Ordinary Disability Retirement and disapproval of the retired officer's own application for Accident Disability Retirement. The final diagnosis is Hyperteñsion, Cardiomyopathy, Obstructive Sleep Apnea and Morbid Obesity. Dorothy Kunstadt, MD Reply-Reaffirm Previous Decision Chairperson Approve-PC-Ordinary Disability Police Pension Board Article II Disapprove-Own-Accident Disability - Lawrencie Scharer, MD Reply-Reaffirm Previous Decision Dept. of Citywide Adm. Services Approve-PC-Ordinary Disability Disapprove-Own-Accident Disability 4: Lawrence Reduto, MD . Reply-Reaffirm Previous Decision Department of Health .. Approve-PC-Ordinary Disability Disapprove-Own-Accident Disability cj/tl Disability of this raember.certified as NON SERVICE CONNECTED and he/she would he eligible for retirement under Sec. 13-251 of the Adrninistrative Code (date to be set.) Amount of pension to be certified by the Chief Actuary and reported to Board....,..lg 233 ..