Allison v. Domain

281 S.E.2d 299, 158 Ga. App. 542, 1981 Ga. App. LEXIS 2300
CourtCourt of Appeals of Georgia
DecidedMay 15, 1981
Docket61786
StatusPublished
Cited by15 cases

This text of 281 S.E.2d 299 (Allison v. Domain) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allison v. Domain, 281 S.E.2d 299, 158 Ga. App. 542, 1981 Ga. App. LEXIS 2300 (Ga. Ct. App. 1981).

Opinions

Deen, Presiding Judge.

Rufus H. Allison appeals from the denial of his request for a declaratory judgment and writ of mandamus.

The following facts are agreed upon by the parties. Allison was employed as a law enforcement officer by the Alcohol and Tobacco Tax Unit of the Georgia Department of Revenue from March of 1961 until February of 1978. In 1975, he served as district supervisor in northeast Georgia, was assigned a state law enforcement vehicle and was responsible for providing vehicle supplies and accessories for the use of the law enforcement personnel under his supervision. He was also required to be on duty twenty-four hours a day, seven days a week. His duties included the usual investigatory and enforcement activities for his department including the service of warrants. As area supervisor, he was required to maintain the law enforcement vehicles and to obtain supplies regularly from the warehouse in Atlanta and to store them in the local warehouse.

On November 17, 1975, appellant picked up a load of oil, sparkplugs and antifreeze from the Atlanta warehouse and transported it to the local warehouse. While unloading a fifty-pound case of antifreeze, Allison experienced a severe pain in his lower back and fell into the storage area of his vehicle and was unable to move his legs. He received medical treatment for his injury and was able to return to work after about four weeks of disability, but he continued to experience some pain and discomfort. On November 30, 1976, while serving an Executive Citation Order on the D.V.A. Club in Gainesville, Georgia, he slipped on a broken portion of the parking lot, stumbled, and experienced a severe back pain. He immediately sought medical treatment and was on sick leave from February 7, 1977, until September 1,1977. He then returned to work on a limited basis (three to four days per week) until January 31, 1978, when he reached mandatory retirement age.

From May of 1977 to September of 1979, appellant made seven applications for disability retirement benefits to the State Employees Retirement System. After each of the first six evaluations denying his application, Allison submitted additional information. After the seventh review, the Medical Board recommended that he be retired on disability retirement benefits. The Board of Trustees of [543]*543the State Retirement System ruled that he was eligible for service retirement benefits under Code Ann. § 40-2501 et seq. and for disability retirement benefits under Code Ann. § 40-2505 (3) (b) (first paragraph), and that he could elect the plan which paid the highest benefits. The Board, however, ruled that he was not eligible for the higher benefits provided by a “line of duty” disability under Code Ann. § 40-2505 (3) (b) (second paragraph) because his disability was not caused by “an act of external violence or injury incurred in the line of duty.” Held:

There is no question as to Allison’s permanent disability. The sole issue for decision is whether he is entitled to the higher disability benefits provided under the second paragraph of Code Ann. § 40-2505 (3) (b) which provides in part: “... any officer or agent of the Georgia Bureau of Investigation, and Alcohol and Tobacco officer or agent of the Department of Revenue who as a contributing member of this system and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance. . .”

The trial court interpreted the statute as follows: “(1) The General Assembly sought to provide increased disability benefits and earlier eligibility for such benefits to a special class of government employees, i.e. State law enforcement officers who suffer such disability because of the increased risk of violent, accidental or negligently caused injury in the line of duty inherent in their employment; (2) But for this increased risk, the job of a law enforcement officer is not distinguishable on a risk basis from any other job in government; (3) Thus, one who is not disabled because of this increased risk in his law enforcement duties is not entitled to the special increased disability benefits paid to one who is so disabled; (4) ‘External violence’ means intentional force caused by a third party to harm such law enforcement officer which produces injury; (5) ‘Injury’ means an injury proximately caused by an accident or by the negligence of the law enforcement officer or of a third person arising from the increased risk in his law enforcement duties while the law enforcement officer is in the line of duty; (6) ‘Line of duty’ means an activity which is directly related to law enforcement and which is primarily in furtherance of law enforcement duties as distinguished from clerical, administrative, managerial, maintenance or proprietary duties and functions which may be only incidental to law enforcement duties and functions; (7) When an injury results from external violence, negligence, or accident sustained in the line of duty [544]*544and arising out of the law enforcement duties of a law. enforcement officer, such injury comes within the ambit of increased disability benefits.”

The legislative intent is not to be found within the statute and the legislature did not include “line of duty” in the list of definitions contained in Code Ann. § 40-2501. We agree with the trial court that a court’s fundamental task in interpreting a statute is to ascertain the intent of the General Assembly. Barton v. Atkinson, 228 Ga. 733 (187 SE2d 835) (1972); Code Ann. § 102-102 (9).

“. . .[A] statute must be construed with reference to the whole system of which it is a part... ‘All statutes are presumed to be enacted by the legislature with full knowledge of the existing condition of the law and with reference to it. They are therefore to be construed in connection and in harmony with the existing law, and as a part of a general and uniform system of jurisprudence, and their meaning and effect is to be determined in connection, not only with the common law and the constitution, but also with reference to other statutes and the decisions of the courts.’ ” Botts v. Southeastern Pipe-Line Co., 190 Ga. 689, 700 (10 SE2d 375) (1940). Further, it has long been held that remedial statutes be given a liberal construction. City of Macon v. Herrington, 198 Ga. 576 (32 SE2d 517) (1944) (widow’s retirement benefits); Van Treeck v. Travelers’ Ins. Co., 157 Ga. 204 (121 SE 215) (1924) (Workmen’s Compensation Act.)

The legislative history of the State Employees Retirement Act shows that the provision in question was added by amendment in Georgia Laws 1962, pp. 152-54, and applied only to law enforcement officers of the Department of Public Safety and the Georgia Bureau of Investigation. In 1975, pursuant to Georgia Laws 1975, pp. 1499 et seq. law enforcement officers of the Department of Revenue and the Department of Natural Resources became eligible for “line of duty” disability benefits.

The fourth paragraph of Code Ann. § 40-2505 (3) (b) was added by Ga. L. 1976, p.

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Allison v. Domain
281 S.E.2d 299 (Court of Appeals of Georgia, 1981)

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Bluebook (online)
281 S.E.2d 299, 158 Ga. App. 542, 1981 Ga. App. LEXIS 2300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allison-v-domain-gactapp-1981.