§ 39.237  DUTY INCURRED DISABILITY.
   Upon the application of a member or his or her department head, a member who becomes totally and permanently disabled for duty in the employ of the city, by reason of a personal injury or disease which the board finds to have occurred solely and exclusively as the natural and proximate result of causes arising out of and in the course of his or her employment by the city, may be retired by the board, provided that:
   (a)   Any condition of impairment of health which the board finds to have been caused by hypertension, heart disease or respiratory disease resulting in permanent total or partial disability to a police officer member who successfully passed a physical examination on entering the employ of the city, which examination failed to have any evidence of the condition, shall be presumed to have occurred as the natural and proximate result of the performance of his or her duty as a police officer in the employ of the city;
   (b)   After a medical examination of the member, made by or under the direction of the medical director, the medical director reports in writing to the board that the member is mentally or physically totally disabled for duty in the employ of the city and that his or her disability will probably be permanent; and
   (c)   The report of the medical director is concurred in by the board.
(1957 Rev. Ords., § 2.520; 1992 Code, § 35-32)  (Ord. 2491, passed 8-7-1967)