City of Cedar Rapids v. Board of Trustees of the Municipal Fire & Police Retirement System

572 N.W.2d 919, 1998 Iowa Sup. LEXIS 16
CourtSupreme Court of Iowa
DecidedJanuary 21, 1998
Docket96-1356
StatusPublished
Cited by11 cases

This text of 572 N.W.2d 919 (City of Cedar Rapids v. Board of Trustees of the Municipal Fire & Police Retirement System) 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
City of Cedar Rapids v. Board of Trustees of the Municipal Fire & Police Retirement System, 572 N.W.2d 919, 1998 Iowa Sup. LEXIS 16 (iowa 1998).

Opinion

LAVORATO, Justice.

The issue is whether there was substantial evidence to establish legal causation for a mental/mental injury (a mental injury without an accompanying physical injury) in an accident disability claim under Iowa Code section 411.6(5) (1995). The board of trustees concluded there was and awarded the claimant accidental disability benefits. The district court disagreed and sustained a writ of certiorari sought by the city of Cedar Rapids to challenge the board’s ruling. We reverse and remand.

I. Background Facts and Proceedings.

Christian E. Cornish began working as a police officer for the Cedar Rapids Police Department in July 1970. He last worked for the department on June 9, 1994, when he was hospitalized for depressive symptoms. Over the twelve years before this, Cornish had an ongoing personality change.

In July 1994, Terri Gerdes, a staff psychiatrist at the University of Iowa Hospitals and Climes, began treating Cornish. She treated Cornish through March 1995. In his initial visit, Cornish related several stressful events that occurred during his work as a police officer. Those included a motor vehicle accident in which Cornish saw two victims burn to death, a confrontation with an armed suspect, and a confrontation with an armed, suicidal citizen.

Cornish also told Gerdes that traveling near the sites of these events would lead to increased anxiety for him. In addition, Cornish revealed that he had been suffering recurring nightmares about the stressful, violent events he has faced on the job. In succeeding sessions with Gerdes, Cornish described continuing problems of nightmares, sleep disturbances, and symptoms of depression.

Gerdes diagnosed Cornish with posttrau-matic stress disorder. According to Gerdes,

[o]ne of the essential criteria for [this diagnosis] is the exposure to a traumatic event or events in which the patient has experienced or witnessed an event that involved actual or threatened death or serious injury to himself or others, and the patient’s response involved intense fear, helplessness or horror.

In Gerdes’ opinion, the three traumatic events that Cornish had related to her caused or contributed to the development of his posttraumatie stress disorder. Gerdes described the traumatic events as “extraordinary in the sense that they involved overwhelming stresses from actual death or threatened death.”

In November 1994, Cornish filed an application for accidental disability benefits pursuant to Iowa Code section 411.6. In the application, Cornish claimed he was totally and permanently incapacitated for duty as the result of an injury or disease incurred in or aggravated by the actual performance of duties as a police officer.

On April 21, 1995, the medical board, as specified in Iowa Code section 411.5(8), certified in writing that Cornish “is physically incapacitated from performance of the functional demands of his position_ This incapacity is likely to be permanent.” The medical board attributed the disability to posttraumatie stress disorder with a major depressive disorder.

*921 On May 4, 1995, the Municipal Fire and Police Retirement System of Iowa (System) determined that Cornish was entitled to “ordinary disability retirement” benefits because of his disability. See Iowa Code § 411.6(4). Cornish filed an appeal with the System in which he challenged the classification of his disability as “ordinary” rather than “accidental.” A three-member disability appeals committee heard the appeal and took evidence.

At the hearing, the committee received evidence from Cornish and others about the three traumatic incidents that caused his posttraumatic stress disorder with a major depressive disorder. The committee also had the medical board’s opinion about Cornish’s disability.

The committee found that Cornish was permanently incapacitated for the further performance of duty because of his posttrau-matic stress disorder with a major depressive disorder. The disability, the committee concluded, was a result of two of the three traumatic incidents Cornish testified to at the hearing: the automobile fire in which two victims burned to death and his confrontation with an armed suspect. According to the committee, these two incidents “constituted more than the day-to-day emotional stresses commonly associated with police work.” In a two-to-one ruling, the committee awarded Cornish accidental disability benefits rather than ordinary disability retirement benefits.

Later, the System’s Board of Trustees accepted the committee’s decision as the final decision of the System.

The city of Cedar Rapids sought a writ of certiorari in the district court, which the court granted. Cornish was allowed to intervene in these proceedings. The district court sustained the writ of certiorari and annulled the award of accidental disability benefits to Cornish. The court concluded that the award was “not supported by the law or the facts of this case.”

The board appealed. Cornish, as interve-nor, joined the appeal and filed a brief.

II. Scope of Review.

We recently summarized the applicable scope of review principles for cases like this in Cedar Rapids v. Municipal Fire & Police Retirement System of Iowa, 526 N.W.2d 284 (Iowa 1995):

Iowa Code chapter 411 — Retirement Systems for Police Officers and Firefighters — does not contain any appeal provisions. But a party receiving an adverse decision from the Board may seek judicial review of the Board’s decision by filing a petition for a writ of certiorari.
Certiorari actions are proper when an inferior board, exercising judicial functions, acts illegally. An inferior board acts illegally if it has not acted in accordance with a statute or if its decision was not supported by substantial evidence. Evidence is substantial “when a reasonable mind could accept it as adequate to reach the same findings.” Evidence is still substantial even though it would have supported contrary inferences.

526 N.W.2d at 286-87 (citations omitted).

The board argues it applied a correct standard of law and reached a conclusion that was supported by substantial evidence.

III. The Applicable Statutory Provisions.

It is undisputed that Cornish is permanently incapacitated for the further performance of duty as a result of his mental disorder and that he is entitled to some type of disability benefits under chapter 411. The question is whether he is entitled to ordinary disability retirement benefits or accidental disability benefits.

Iowa Code section 411.6(3) covers ordinary disability retirement benefits and provides in part:

Ordinary disability retirement benefit.

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572 N.W.2d 919, 1998 Iowa Sup. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cedar-rapids-v-board-of-trustees-of-the-municipal-fire-police-iowa-1998.