WHAT DOES IT MEAN TO BE BOARDED
Many of our members facing retirement or dealing with long term
medical issues ask us how the evaluation process occurs. There are
a number of boards which can appear to be a bewildering maze for
the individual facing this process. In this column we would like
to clarify some of the terms.
FOR BOTH FIREFIGHTERS/ FIRE OFFICERS AND EMTS/PARAMEDICS
AND EMS OFFICERS
The BHS Physician Board (previously referred to as the 3-man/physician
Board) consists of FDNY Medical Officers who concur on a members'
fitness for duty or duty determination. The BHS Full Board is also
considered a BHS Board but is reserved for medical complex issues.
A member is recommended for a BHS Physician Board evaluation for
any of the following:
- A member is on Light Duty or Medical Leave greater
than 60 days.
- A member has had extensive surgery.
- A member is contemplating or has submitted a disability retirement
application.
- A member is returning from a leave (i.e. personal leave, military
leave or reinstatement) at least 1 year in duration.
- At the discretion of the medical officer, if additional input
is desired for complicated cases or decisions.
- Whenever a member has an illness/injury that is considered permanently
disabling by our Medical Officers.
An order for a BHS Physician Board appearance is initiated by
an FDNY Medical Officer. Once a board is ordered, notification of
an appearance date is made by mail through the BHS Medical Board
Coordinator. The normal duration between the date the Medical Officer
orders a board and the actual Board appearance date is 4 to 8 weeks.
After the member is seen at the board, the minutes of the report
are transcribed with a final report completed 3 to 5 weeks after
the board date.
The member is responsible for the submission of all pertinent
information prior to their appearance at the BHS Physician Board;
this includes hospital records, surgery records, outside consultation
test results and reports.
If the Board deems the injury/illness to be temporary, the member
will be re-evaluated. The Board will summarize the medical plan
for follow up evaluation/treatment and a date for reevaluation by
the Board will be issued. The member is responsible for providing
requested medical reports.
For Firefighters/ Fire officers: if the BHS Physician
Board deems a member to be permanently disabled then the designation
given is Recommended Limited Service or RecLss. The disability case
is now automatically OPENED and the member may submit a Disability
Retirement Application to the retirement desk. If the member DOES
NOT submit a disability retirement application, the Bureau of Personnel
will submit a Fire Commissioners' Application for Disability on
their behalf.
The Pension Board, better known as the Article 1B Pension Board
is comprised of three non Departmental physicians who evaluate the
FIRE disability cases and make a recommendation regarding whether
a member is disabled due to work (Accidental), non line of duty
(Ordinary) or not disabled (Denial). The board may also send the
member out to be evaluated by another independent consultant or
for further testing before making a final decision. This board meets
weekly.
Once the Article 1B Pension Board makes a determination, the record
is sent to the Board of Trustees for finalization.The Board of Trustees
meets monthly and is comprised of representatives from the Mayor’s
Office, the City Comptroller, Fire Commissioner, the UFOA ,UFA and
MEBA . The disability pension determination is finalized there,
or may be referred back to the Article 1B Pension Board for additional
clarification or if additional information is needed for re-evaluation.
A disabled member is then entitled to apply for a reasonable accommodation
under the Americans with Disablities Act. Members should apply via
the EEO office.
For EMS: The process is similar to FIRE: If the
BHS Physician Board deems a members' duty status as permanently
disabled, they are designated Recommended Limited Service or RecLss.
The member is directed to the EMS Compensation Desk at BHS to discuss
opportunities for long-term light duty. Reasonable accommodation
can also be pursued via the EEO office. Retirement disability can
also be pursued through the NYCERS system and the Commissioner’s
Application for Retirement.
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FREQUENTLY
ASKED QUESTIONS:
- What does it mean to be Boarded?
- The BHS Physician Board determines the fitness for duty
as well as duty determination of a member. The Article 1B
Pension Board makes a decision regarding whether a disability
pension will be granted and causality of the disability i.e.
Ordinary (not work related) or Accidental (work related)
- Who sits on the various Boards?
- The BHS Physician Board and the BHS Full Board consists
of FDNY Medical Officers. The Article 1B Pension Board consists
of three non Department physicians. They evaluate the BHS
medical record and BHS Physicians Board report and make decisions
about the pension, Accidental vs. Ordinary disability.
- What is the difference between the Full Board and
BHS Physician Board?
- The Full Board is a consensus of all FDNY Medical Officers
on the duty determination of a member’s case. The Full
Board meets monthly to review more complicated cases.
- Do I need to be present for the Board?
- Your presence at the BHS Board is expected. For the Article
1B Pension Board you do not need to be present unless requested.
- How am I to dress the day of the Board?
- Neat, civilian attire is appropriate; you may be examined
by the Board physician(s) during your appearance. Please wear
clothing that allows for easy examination of the affected
area.
- Do I have to request a copy of my medical Board
minutes or will they automatically be sent out?
- A copy will be sent to you upon request.
- What does RecLss stand for?
- RecLss, or Recommended Limited Service means that the BHS
Physician Board feels that the members' injury / illness is
permanent in nature and prevents them from returning to full
firefighting / emergency medical duties.
- What is the next step after I am BHS Boarded and
receive RecLss?
- Firefighter/Officer may submit a Disability Retirement application
with the Retirement Desk. For FIRE, BHS Board Minutes will
be submitted to the Chief of Personnel who will initiate a
Fire Commissioners' application on your behalf. EMS should
contact the Compensation Unit at BHS to discuss the process
through the NYCERS retirement system.
- Where does my medical file go after the BHS Board?
- The BHS Medical Board keeps the file until the Board Minutes
are received; then the file is returned to the BHS Medical
Record Room. Once a disability application is filed, the Article
1B Pension Board keeps the medical file until their process
is completed. For EMS, the medical file remains at BHS, but
copies of relevant tests and the board minutes are submitted
to NYCERS.
- When should I submit my disability application?
- You may submit your disability application at any time.
- How soon will I be scheduled for the Article 1B Pension
Board after I submit my disability application or the Fire Commissioner
submits an application?
- For FIRE, due to the high volume of retirement application
submissions, it will take several months to be evaluated by
the Article 1B Pension Board. An appointment is scheduled
soon after the Retirement Desk enters the application into
their database. You will be notified by mail by the Article
1B Pension Board when your paperwork has been received in
their office. You can then review your paperwork with that
office to be sure that your supporting documentation, such
as CD72’s, tests and medical reports are available for
review by that board.
- Do I need my CD 72 / CD73 / MDX3?
- For FIRE: The CD 72 is essential for ortho/trauma
related disability applications. The Heart / Lung / Cancer
Bills are presumptive Bills; and therefore CD 72/73’s
are not required. The Communicable Disease Bill requires an
MDX3 (biological exposure version of the CD 73) for HIV exposure.
For EMS: The Worker’s Compensation
Supervisor’s Report of Injury is required for all injuries/illnesses.
In addition, the MDX3 (the biological exposure report) is
also a requirement for biological exposures.
- What happens if the Retirement Board (Article 1B
Pension Board for Fire or NYCERS for EMS) denies my application?
- The retirement board makes independent decisions concerning
disability pensions. They do not decide about duty status.
The BHS Board acts independently with close attention to both
health and safety issues.
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SMALLPOX UPDATE
The Federal Government through the Centers for Disease Control
(CDC) has developed a smallpox vaccination program in response to
the recent bioterrorism concerns facing our nation. This program
will be accomplished in three phases, the first phase will address
the hospital healthcare workers who would be needed to provide medical
care to small pox victims until a full scale immunization program
was completed. During phase two, first responders would be offered
smallpox vaccination and during phase three, the remaining general
population would be offered this vaccination.
This is a voluntary program. FDNY Bureau of Health Services has
been meeting at regular intervals with the Department of Health
to learn more about this program and to develop a working strategy
that protects our members. We are awaiting word on whether FDNY
personnel may be included in phase one. Currently, our planning
includes developing an immunization program that will provide immunizations
for our members in a non-emergent setting, before a case of smallpox
should occur, as well as developing a plan for rapid immunization
of our members should a confirmed case occur.
Since this will remain a VOLUNTARY program, members may decide
whether they wish to participate in this program. There are guidelines
that the CDC has set that will exclude some people based on their
medical history. Since this is a LIVE vaccine with significant side-effects,
these guidelines have been developed to exclude people at higher
risk for these side-effects. Individuals with immune issues including
HIV, cancer, current treatment with oral steroids, pregnant women,
children under one year old, or history of immune skin diseases
(eczema or atopic dermatitis) would be excluded. Also excluded are
members who have a family member (in close contact) with immune
problems, pregnancy, or immune related skin diseases (eczema or
atopic dermatitis). These guidelines are in place for the non-emergent
immunization to minimize side effects from this live vaccine. In
the event of a true small pox case, these recommendations would
certainly change.
The subject of smallpox vaccination will be discussed again in
future articles as we continue to work with the Department of Health
and the Centers of Disease Control to develop programs to protect
our members while maintaining their health and safety.
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In the Season
of Giving - the Greatest Gift: BONE MARROW DRIVES
For a number of years, FDNY has participated in Bone Marrow Drives
through the New York Blood Center. Our members have given of themselves
through blood samples to the National Marrow Donor Program in the
hopes of matching individuals whose survival is predicated on a
bone marrow transplant. Our members constitute the number one collective
donor in the U.S. Every probationary class for the last number of
years has participated 100%. This is a voluntary program; many may
never be called, and if called, can decline if they choose to.
To date, there are 4547 participants( most volunteered while in
probationary training). However, an additional 1500 members join
either individually or through community drives bringing the total
to between 5,000 - 6,000. After 9/11, some members have contacted
BHS with interest in becoming a participant to honor their deceased
FDNY friend who had participated in this program.
The NY Blood Center has been genuinely grateful for our Departments'
efforts and for the generosity of our members who give of themselves
each and every day.
During our Departments' darkest day, the members of the NY Blood
Center searched like others for a way to help. Initiated by BHS,
and spearheaded by Director Mary T. McLaughlin, a search was made
of all FDNY unaccounted members in the Bone Marrow Registry. Their
search resulted in 141 of our unaccounted members as participants
in the marrow program. Of the 141, frozen blood samples were stored
on 112; these frozen blood samples, we were told, were our best
resource for obtaining DNA profiles to assist in identification.
The Blood Center, with cooperation of FDNY BHS, the National Marrow
Donor Program in Minnesota and the NYS Police Crime Lab in Albany
were able to identify the location of the members' blood sample
(both in Baltimore and Pittsburgh), transport the samples to Albany
immediately for an attempt at DNA profiles.
This unprecedented effort resulted in 100% success rate in obtaining
DNA profiles for these fallen members. These samples of blood, given
to help others, became important in DNA identification of those
deceased members.
Our Department is very grateful to the NY Blood Center, the National
Marrow Donation Program and the NYS Police Crime Lab for their tireless
efforts on our behalf. Even before 9/11, the fact that members of
FDNY were the number one donor indicates our members' committment
to helping others both on and off duty. This caring came back to
us after 9/11; this is one example of how that spirit of goodness
came back to us.
Our current participants exemplify the best our Department has
to offer, to give of themselves to help others, a tradition that
continues in each and every probie class. When our members gave
their lives for others on 9/11, their past generosity of spirit
served to help in identification of their remains with the DNA information
of their blood samples.
The National Marrow Donor Program and the NY Blood Center came
to our aid after 9/11 in the spirit of reciprocity that matches
our members' spirit of giving. In the spirit of this season, we
count our blessings and remember our friends.
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SOME TIPS FOR
HOLIDAY STRESS REDUCTION
Though the holidays are an enjoyable time to be spent with friends
and family, they can also tend to be quite stressful. You may have
extended family visiting or even staying at your house. There is
the financial stress from gift giving and family feasts. Your patience
and energy can get sapped fighting the lines in crowed malls. So
it is no surprise if you find yourself feeling lots of mixed emotions
about the holidays as well.
Just because the holidays are stressful does not mean they cannot
be enjoyable. You can try and avoid the anxiety and stress by taking
the pressure off of yourself. Angelo Sacco, Clinical Supervisor
at CSU Fort Totten advises, “remember to address personal
needs. If you know that in the past you have been overwhelmed due
to too may responsibilities then its important not to repeat that.
Limit yourself. Keep things as easy and simple for you and your
family as possible.” One of the best ways to keep things easy
with the family is to make sure to take time for yourself and to
allow your spouse and kids the same thing. The holidays may be a
time of togetherness but sometimes too much of a good thing can
cause tensions to rise. Just make sure to communicate the importance
of ‘alone time’ so nobody’s feelings get hurt.
If you are a family liaison it is important to communicate to the
families you are helping in addition to your own. Listen to them.
Ask the families what their needs are and do not assume that they
do or do not want attention from the Firehouse. Realize that as
stressed as you may be, the season is probably even harder on them.
Most importantly, remember to breathe, listen constructively to
your family, and trust yourself. The holidays are different for
everyone so just know that it is okay to have different sentiments
than your family members and fellow peers.
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UPCOMING GROUPS
EMS Support Group at Fort Totten Meeting time
to be arranged. Please call Joanne O’Conner at (212) 570-1693
x323 for more information
Dads, Brothers, and Sons: An informational support
meeting addressing the specific needs of Active Duty and Retired
Department Personnel who lost a family member in the line of duty.
For more information call Jason Leahey at (212) 570-1693 x300
American Airlines Flight 587
American Airlines flight 587 was the second most deadly plane crash
in U.S. history. The members of the FDNY, on duty, off duty, and
retired who responded to serve the community.
A group is being developed for Fire and EMS personnel who would
like to discuss their experiences.
- When: Mondays Time: 12:00 PM
- Where: Knights of Columbus 333 Beach 90th Street, Rockaway Beach
- For information contact: Shondell at (212) 570-1693.
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Dr. Kerry Kelly
Chief Medical Officer |
Dr. David Prezant
Deputy Chief Medical Officer |
Malachy Corrigan
Director, FDNY CSU |
Mary T. McLaughlin
Director, FDNY BHS |
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