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Hay v. Schwartz12/29/1998
hat he had been concerned that he might commit suicide and had not seen his psychiatrist since September 1995. He complained that within the last year he had been experiencing nightmares, sleep disturbances, headaches, and chest pains. The clinician's notes indicated that Hay was feeling hopeless about his situation and was prone to react to the histories of others who experienced trauma such that he experienced anxiety. The clinician diagnosed him with generalized anxiety disorder and advised him to seek treatment with his private therapist and to continue taking medication for his depression and anxiety.
On February 21, 1996, Hay went again to the Eastern Jackson County Psychiatric Associates, Inc., office. He reported that he had been doing well until he responded to a murder/suicide scene approximately two weeks earlier. The treating therapist's notes indicated that Hay reported that his family physician had recommended that he consider another line of work.
On February 23, 1996, Hay submitted an application for retirement to the Board seeking benefits pursuant to section 70.680 and requesting that his retirement be effective April 1, 1996. On March 13, 1996, the District's fire chief, Hay's supervisor, completed a "Statement of Disability by Employer" form issued by LAGERS. He reported that Hay's mental problems prevented him from performing his duties, and that he believed that his incapacity occurred as the natural and proximate result of his injury or disease that arose out of and in the course of his duty as fire marshall. Hay retired from his job as fire marshall effective April 1, 1996.
Pursuant to section 70.680.3, Drs. Bregant, Sanders, and Geha were selected as the medical committee to examine and report on Hay's benefits claim. On March 5, 1996, Dr. Geha submitted his report to the Board. He stated, inter alia, that Hay suffered from acute and chronic anxiety and situation depression and that he was permanently disabled such that he was unable to perform his duty as fire marshall. Dr. Geha explained that Hay was unable to handle the stress of human tragedies during emergency situations. On April 8, 1996, both Drs. Bregant and Sanders filed their reports with the Board. Dr. Bregant stated that Hay was permanently and totally disabled from his occupation as fire marshall. Dr. Sanders, the Board's medical advisor, stated that he diagnosed Hay with acute and chronic anxiety and situation depression. He reported that it appeared that he had a serious disability because of psychiatric illness but believed that a second opinion was advisable to determine if his disability was long-term such that he would not be able to return to his job as fire marshall.
On April 26, 1996, the Board notified Hay that it had made an initial determination to disapprove his application for benefits. The Board provided him with the option of requesting an informal hearing with the Disability Committee of the Board or requesting a formal hearing before the full Board. On May 1, 1996, Hay requested an informal hearing before the committee, which was held on June 27, 1996. On June 28, 1996, the Board notified Hay that it had again disapproved his application for benefits, giving him the option of requesting a formal hearing before the Board. On August 29, 1996, Hay filed a petition for review with the Board and requested a formal hearing, which was scheduled for January 30, 1997.
On January 29, 1997, pursuant to Dr. Sanders' advice that Hay get a second opinion, he was evaluated by Dr. Kling, a psychiatrist. Dr. Kling diagnosed him with major depression, anxiety, and a panic disorder. He noted in his records that "during the course of the interview I detect no ability to g
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