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Hay v. Schwartz12/29/1998
l examination of such member made by or under the direction of a medical committee consisting of three physicians, one of whom shall be selected by the board, one by or on behalf of such member, and the third by the first two physicians so named, the medical committee reports to the board, by majority opinion in writing, that such member is physically or mentally totally incapacitated for the further performance of duty, that such incapacity will probably be permanent and that such member should be retired."
"3. Any member in service who becomes totally and permanently physically or mentally incapacitated for his duty as an employee, as the natural and proximate result of a personal injury or disease which the board finds to have arisen out of and in the course of his actual performance of duty as an employee, may be retired by the board upon written application filed with the board by or on behalf of the member; provided, that after a medical examination of such member made by or under the direction of a medical committee consisting of three physicians, one of whom shall be selected by the board, one by or on behalf of such member, and the third by the first two physicians so named, the medical committee reports to the board, by majority opinion in writing, that such member is physically or mentally totally incapacitated for the further performance of duty, that such incapacity will probably be permanent, and that such member should be retired."
"4. Upon disability retirement as provided in subsection 3 of this section, a member shall receive an allowance for life . . . ." section 70.680.
As to these disability claims, the claimant has the burden of establishing his or her entitlement to benefits. Knapp, 738 S.W.2d at 912. Thus, to make a prima facie case establishing his entitlement to benefits, Hay had the burden of showing that he was totally and permanently mentally disabled for his duty as fire marshall as the natural and proximate result of an on-the-job injury . Knapp, 738 S.W.2d at 912. "A 'natural result' is 'a condition which flows naturally and directly from the events or matter inquired about.'" Anderson, 864 S.W.2d at 374 (citation omitted). "A 'proximate result' is a condition which flows directly and immediately from the events and matters at issue." Anderson, 864 S.W.2d at 374 (citation omitted). If Hay did adduce credible, competent, and substantial evidence to make a prima facie case for benefits, as he contends, then the burden would have shifted to the Board and the District to show that either he was not disabled or that his disability was not the proximate result of an employment injury. Knapp, 738 S.W.2d at 912.
The Board found, based on its review of the case file, pleadings, and testimony, that any mental disability from which Hay suffered was not the product of work-related stress and pressure and that his condition did not arise out of and in the course of the actual performance of his duty as fire marshall. In rendering its decision, the Board had before it Hay's case file containing the reports of Drs. Bregant, Sanders, and Geha. Those reports were required by section 70.680.3 to be made to the Board and, therefore, constituted public records and were admissible without further statutory aid and were not excludable as hearsay to establish the facts that they were required to recite. Knapp, 738 S.W.2d at 912.
In his report, Dr. Bregant stated that " ased on the information available, I think this patient is permanently and totally disabled for his current occupation." Dr. Sanders agreed that Hay had a "serious disability because of psychiatric illness"; however, he recommended a second opinion to determine if his disability was p
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