Croskey v. District of Columbia Police & Firefighters' Retirement & Relief Board

596 A.2d 988, 1991 D.C. App. LEXIS 252, 1991 WL 178238
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 13, 1991
Docket89-1345
StatusPublished
Cited by9 cases

This text of 596 A.2d 988 (Croskey v. District of Columbia Police & Firefighters' Retirement & Relief Board) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Croskey v. District of Columbia Police & Firefighters' Retirement & Relief Board, 596 A.2d 988, 1991 D.C. App. LEXIS 252, 1991 WL 178238 (D.C. 1991).

Opinions

BELSON, Senior Judge:

Petitioner Leneva E. Croskey seeks review of the decision of the District of Columbia Police and Firefighters’ Retirement and Relief Board that her psychological disability was not incurred in the performance of duty.1 We affirm.

Croskey, while working as an officer with the Metropolitan Police Department, was shot in the leg during a shootout between police and drug dealers. Croskey recovered from the injury, but when she returned to work she began to suffer a post-traumatic stress disorder that made her restless and depressed. Following a hearing, the Board concluded that Croskey was disabled for performing useful and efficient service, but that Croskey’s disability stemmed from a long history of personality disorder rather than from the shooting incident. In its final order, the Board retired Croskey for disability not incurred in the performance of duty pursuant to D.C.Code § 4-615 (1988). On her petition here, Croskey contends that she is entitled to the higher level of benefits provided by D.C.Code § 4-616 (1988).

Section 4-616 provides a special pension rate for two types of disabilities: 1) those that result directly from an injury or disease that is incurred in the performance of duty; and 2) those that arise from the aggravation of such injury or disease.2 See Kirkwood v. District of Columbia Police & Firemen’s Retirement & Relief Bd., 468 A.2d 965, 968-69 (D.C.1983). A claimant cannot qualify for the special pension rate if the on-duty injury aggravates some pre-existing, nonservice-related injury. Id. at 969. As this court stated in Allen v. District of Columbia Police & Firefighters’ Retirement & Relief Bd.:

a Metropolitan Police officer with some pre-existing and nonservice-related psychological problem who becomes disabled when this problem is aggravated by a service-connected injury or illness, does not qualify under § 4-616 for an annuity based on performance-of-duty aggravation.

528 A.2d 1225, 1231 (D.C.1987) (emphasis added). Similarly, in Kirkwood, supra, this court affirmed the Board’s denial of benefits under § 4-616 because, although the petitioner’s duties as a police officer “may have aggravated petitioner’s emotional and psychological difficulties, the etiology of petitioner’s condition [was] rooted in experiences and events that predate his employment with the Department.” 468 A.2d at 968.

Thus, when the duty related injury aggravates a pre-existing non-duty related injury with the result that the pre-existing injury or condition still contributes to the disability, a claimant is not entitled to the higher level of benefits. Allen, supra, 528 A.2d at 1231. But when the later duty related injury is so serious that it would have itself caused the disability regardless [990]*990of the existence of the previous injury or condition, the disability can be said to result directly from the duty related injury and the claimant will be entitled to the higher level of benefits.3

The determination of whether an injury was incurred in the performance of duty is a factual finding which this court must uphold if it is supported by substantial evidence. See Kirkwood, supra, 468 A.2d at 967. Substantial evidence requires ‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Baumgartner, supra note 3, 527 A.2d at 316 (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938) (citations omitted)).

Here, the Board determined that Croskey was disabled as a result of post-traumatic stress disorder and borderline personality disorder. The Board preceded that determination with this finding of fact:

The Board finds that member had a long history of personality disorder requiring much psychiatric attention from the Psychiatric Service of the Board of Surgeons, psychologists and therapists before the shooting incident on April 30, 1988.

The Board then quoted the reference a witness, Dr. Wellhouse, made to an evaluation by another psychiatrist:

Dr. Wellhouse referred to Dr. Holmes’ psychiatric evaluation of May 17, 1989 to explain the Post-traumatic stress disorder: “... There are four criteria that need to be satisfied and they tend to be most prevalent in individuals with preexisting pathology. In other words, if a person has personality problems before, they may be ever more likely to break down under stress in a traumatic situation and she points out Officer Croskey does meet the criteria.”

The Board went on to decide that the post-traumatic stress disorder was rooted in the pre-existing borderline personality disorder. It stated:

The Board further finds that [Cros-key’s] disability as diagnosed was not caused by the performance of her duties as a police officer. The weight of the evidence strongly indicates that [Cros-key] had a long history of personality problems in her life before she joined the police department, which was filled with emotional traumas and disappointments, which set the tone of her personality development. Her private life upon adulthood was again full of stress and trauma. She became self-defeating and non-adaptive to the stresses of her job as a police officer.

While the Board’s findings and conclusions might have been more explicit, we think they adequately express the Board’s determination that Croskey’s disability resulted from the aggravation of a pre-existing psychological condition that was not duty related.

On appeal, Croskey contends that the shooting precipitated the development of her post-traumatic stress disorder, relying heavily on the fact that prior to the shooting she had functioned quite well as a police officer in spite of her borderline personality disorder and had earned favorable recognition for her performance in high-risk narcotics work. Thus, she argues, the Board’s ruling that the shooting did not cause her disability was not supported by substantial evidence because the govern[991]*991ment failed to present any evidence that she would not have continued to function as a police officer but for the gunshot wound and the resulting post-traumatic stress disorder.

The government, however, did present substantial evidence that the gunshot wound aggravated Croskey’s “already precarious psychological functioning.” The record shows that Croskey was suffering from psychological impairments long before she joined the police force and that she continued to experience these problems as a result of incidents unrelated to her police duties. Her disorders included extreme anxiety and depression, “bad nerves,” sleeplessness, tension headaches, chaotic home life, and patterns of irresponsibility.

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Croskey v. District of Columbia Police & Firefighters' Retirement & Relief Board
596 A.2d 988 (District of Columbia Court of Appeals, 1991)

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Bluebook (online)
596 A.2d 988, 1991 D.C. App. LEXIS 252, 1991 WL 178238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croskey-v-district-of-columbia-police-firefighters-retirement-relief-dc-1991.