Butler v. Pension Board of the Police Department

147 N.W.2d 27, 259 Iowa 1028, 1966 Iowa Sup. LEXIS 908
CourtSupreme Court of Iowa
DecidedDecember 13, 1966
Docket52223
StatusPublished
Cited by18 cases

This text of 147 N.W.2d 27 (Butler v. Pension Board of the Police Department) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Pension Board of the Police Department, 147 N.W.2d 27, 259 Iowa 1028, 1966 Iowa Sup. LEXIS 908 (iowa 1966).

Opinions

Snell, J.

Appellee, a retired police matron, sought review by certiorari of denial of retirement disability benefits by the Pension Board.

R. Dale Butler, plaintiff and appellee herein, was at the time of her application for retirement a police matron with the police department of the City of Des Moines. She had served as a member of the police department for twenty-five years, and was entitled to the benefits provided under chapter 411, Code of [1030]*1030Iowa, “Retirement Systems for Policemen and Firemen.”

Board of Trustees of the Police Retirement System of the City of Des Moines is a duly constituted board and the members thereof under the provisions of chapter 411, Code of Iowa. For convenience we will refer to defendants as the Pension Board.

On June 23,1965, plaintiff filed with the Pension Board her application for retirement under the statutes. She asked for retirement effective July 24, 1965. The effective date sought was her 65th birthday. The type of pension sought was accidental disability, i.e., two-thirds salary pursuant to sections 411.6(5) and 411.6(6), Code of Iowa.

With her application plaintiff submitted a letter stating that she had a hypertensive cardiovascular disease that she attributed to the daily strain and tension of police duty. She also submitted a statement from the chief of police showing her salary schedule for the past five years.

Plaintiff’s application was supported by letter dated June 25,1965, from Dr. Paul From, plaintiff’s physician, addressed to the chief of police. Doctor From detailed his findings from a two-day evaluation of plaintiff’s condition. He stated his impression as: “Hypertensive Cardio-Vascular Disease with blood pressure 200/100, non-specific changes in ECG, essentially normal heart size, sinus rhythm, compensated.” He then set out her current medical treatment. His prognosis was: “I believe her disease process will be permanent, and will require constant medical attention in the future.”

Section 411.5(9), Code of Iowa, provides for a medical board to aid the Pension Board. Dr. Floyd M. Burgeson, a member of the medical board, by letter to the Pension Board dated July 9, 1965, reported that he had examined plaintiff. He found her physically incapacitated for further performance of duty and that such an incapacity is likely to be permanent. He said further:

“* # * that said disability ( ) is (X) is not the natural and proximate result of an injury or disease incurred in or aggravated by the actual performance of duty at some definite [1031]*1031tíme and place and I recommend that she he retired from active duty upon a pension and that her disabilities, if any, are as follows:
“Hypertensive cardiovascular disease. Osteoarthritis with multiple joint involvement.”

From this quotation it should be noted that Doctor Burgeson did not attempt to attribute plaintiff’s condition to any particular incident.

Dr. James E. Kelsey, a member of the medical board, examined plaintiff on July 14, 1965. He reported his findings in detail. We quote the significant part of his report:

“Impression: I do not feel that Mrs. Butler is mentally or physically incapacitated for further performance of duty. It seems to me that she could certainly work until the date of her retirement. She has hypertensive cardiovascular disease, the cause of which is not known but it is probably the type of hypertension that will respond to weight reduction. I recommend that Mrs. Butler be retired from active duty on the 24th of July, when she becomes 65 years of age. I do not feel that this should be a disability retirement.”

Dr. Dennis H. Kelly, Jr., a member of the medical board, examined plaintiff on July 13, 1965. He agreed “that she is certainly entitled to retire by reason of her ■ general physical condition.” He did not find heart disease the predominant reason for retirement.

On August 19, 1965, Doctor From further advised defendant-board as follows:

“R. Dale Butler has been under my professional care since October 1958. She was first diagnosed as having high blood pressure on January 24, 1963. Since that time, she has taken medication for high blood pressure, and has developed symptoms and signs of heart disease secondary to high blood pressure and coronary artery heart disease.
“She is unable to perform her duties as a policewoman because of her medical illnesses.
“She was last examined August 17, 1965. On June 21 and June 22, 1965, she had a complete physical examination so that [1032]*1032all diagnoses were resubstantiated, and an up-to-date disability rating could be determined.
“My diagnosis is that of Hypertensive and Coronary Artery Heart Disease with high blood pressure, abnormal electrocardiogram, and angina pectoris. She is obligated to constantly treat this condition with medication and in my opinion, is unable to work because of this diagnosis.”

The secretary of the board was directed to arrange for further examination of plaintiff by a heart specialist.

At the request of defendant-board plaintiff was examined on August 27, 1965, by Dr. Herman J. Smith, a heart specialist, of the Internal Medical Clinic.

Doctor Smith reviewed plaintiff’s medical history, reports of previous examinations and examined plaintiff. He reported in detail. Under American Medical Association tables he evaluated plaintiff’s “whole man disability” attributable to diseases of the cardiovascular system at 51 percent.

At a meeting of the Pension Board on August 17, 1965, plaintiff testified in person. She reviewed her service, her duties and her disabilities. The most strenuous part of her work was in handling drunken women and mental cases subjecting plaintiff to physical violence. She has been taught jujitsu in the department and had a gun, but because of her condition was loath to attempt physical exertion.

The municipal code setting out the nature of the work, desirable knowledge, abilities and skills of a police matron was introduced.

At a meeting of the board on October 27, 1965, plaintiff’s application was denied.

Upon denial of plaintiff’s application the district court granted certiorari and after hearing sustained the writ and directed the allowance of plaintiff’s pension as provided in subsections 5 and 6 as amended of section 411.6, Code of Iowa. Defendant has appealed.

I. Relative to police matrons the municipal code provides, among many other things, as follows:

“Nature of Work.
[1033]*1033“This is routine work supervising female prisoners and maintaining order in the women’s quarters of the city jail.
“An employee in this class is responsible for the welfare and safe custody of all female prisoners and internees in the care of the police department. * * *
“Illustrative Examples or Work.
“Books and searches female prisoners.
“Acts as jailer in the women’s quarters of the city jail, maintaining discipline and orderly conduct among the female prisoners. * * *

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Butler v. Pension Board of the Police Department
147 N.W.2d 27 (Supreme Court of Iowa, 1966)

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147 N.W.2d 27, 259 Iowa 1028, 1966 Iowa Sup. LEXIS 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-pension-board-of-the-police-department-iowa-1966.