Durante v. Pennsylvania State Police

809 A.2d 369, 570 Pa. 449, 2002 Pa. LEXIS 2222
CourtSupreme Court of Pennsylvania
DecidedOctober 25, 2002
Docket561 C.D. 1999
StatusPublished
Cited by12 cases

This text of 809 A.2d 369 (Durante v. Pennsylvania State Police) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Durante v. Pennsylvania State Police, 809 A.2d 369, 570 Pa. 449, 2002 Pa. LEXIS 2222 (Pa. 2002).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice CAPPY.

We granted allocatur to determine whether William Durante (Trooper Durante) was temporarily incapacitated from his duties as a state trooper such that he is entitled to benefits pursuant to the Heart and Lung Act (“Act”).1 For the following reasons, we now affirm.

The facts of this case are not in dispute. On June 13, 1985, Trooper Durante sustained a work-related injury to his right arm when he was carrying two boxes of highway flares. After he returned to work, Trooper Durante suffered several recurrences of the original injury; because of these recurrences, he was assigned to a light duty position working for Staff Services in 1988. The Staff Services position to which Trooper Durante was assigned has been held only by state troopers. The Staff Services position did not, however, implicate some of the duties expected to be performed by a state trooper assigned to the field, such as forcibly arresting a person, performing rescue functions, and handling and discharging a firearm.

In 1993, Trooper Durante suffered yet another recurrence of the original injury and underwent surgery. During his eight-month post-operative recuperation period, Trooper Durante was incapacitated from performing his duties in Staff Services and thus did not work during that period. Trooper Durante returned to his Staff Services position in August of 1993; he worked in this position until his retirement in 1995.

Because he could not work at his Staff Services position during the 1993 recurrence of his injury, Trooper Durante applied for benefits under the Act. These benefits are payable to a state trooper “who is injured in the performance of his duties ... and by reason thereof is temporarily incapacitated [451]*451from performing his duties....” 53 P.S. § 637(a). Benefits paid pursuant to the Act are equal to the trooper’s full salary.

The Pennsylvania State Police (State Police) denied Trooper Durante benefits. The State Police determined that although Trooper Durante could perform his Staff Services duties, his injuries permanently prevented him from performing the full range of essential duties required of a state trooper. Thus, as he was permanently, and not temporarily, disabled, he was not entitled to benefits under the Act.

Trooper Durante appealed the decision and a hearing was held before an arbitrator. At this hearing, the State Police presented testimony that Trooper Durante’s injuries prevented him from being able to engage in such activities such as forcibly subduing a suspect or physically removing people from ham’s way. Arbitration Hearing, 9/29/1998, at 27-29. Thus, Trooper Durante was incapable of performing five of the nineteen duties that the State Police considered essential for a trooper to be able to perform. Id. It was unquestioned, however, that Trooper Durante was capable of performing all of the duties of his Staff Services position.

The arbitrator found that after the 1993 recurrence of the injury, Trooper Durante was temporarily, rather than permanently, incapacitated from performing his Staff Services position, a position which is held only by state troopers. The arbitrator therefore awarded benefits.

The Commissioner of the State Police (“Commissioner”) adopted the findings of fact as found by the arbitrator. The Commissioner determined, however, that the arbitrator had erroneously awarded benefits and therefore reversed. The Commissioner based his denial of benefits on the fact that Trooper Durante was physically incapable of performing the full range of essential functions of a state trooper.

Trooper Durante appealed to the Commonwealth Court. The Commonwealth Court, sitting en banc, reversed the Commissioner. The lower court found that the test for determining whether a trooper was “temporarily incapacitated” was whether “the officer could return to a position which was regularly assigned to state policemen.” Commw. Ct. slip op. at [452]*4524 (citations omitted). The Commonwealth Court specifically stated that “the ability to perform all of the functions of police training was not the test for determining whether a police officer was temporarily incapacitated....” Id. In rendering its decision, the lower court relied in part on this court’s decision in Palmeri v. Pennsylvania State Police, 508 Pa. 544, 499 A.2d 278 (1985).

President Judge Doyle dissented, stating that he believed that Trooper Durante was ineligible for benefits under the Act. Judge Doyle stated that while the Staff Services position was one historically filled by a state trooper, the position did not implicate the essential duties of a state police officer. Judge Doyle posited that a position could be considered one which is “regularly assigned to state policemen ’’only if such a position required the execution of all of the duties a trooper could be expected to perform, including subduing suspects and engaging in rescue operations. Judge Doyle closed his dissenting opinion by briefly stating that he believed that Palm-en had been circumscribed by this court’s decision in Cunningham v. Pennsylvania State Police, 510 Pa. 74, 507 A.2d 40 (1986).

The State Police filed a petition for allowance of appeal, and this court granted allocatur.

The question presented to this court is whether a trooper who will never again be able to perform the full range of duties required of a trooper assigned to a field position is permanently disabled for purposes of the Act. As this is a question of law, we are in no fashion constrained by the determination of a lower court; thus, our standard of review is de novo. Furthermore, our scope of review in this matter is plenary as we may examine the entire contents of the record. See Phillips v. A-Best Products Co., 542 Pa. 124, 665 A.2d 1167, 1170 (1995).

The State Police argues to this court that we should reverse the order of the Commonwealth Court. It reasons that since Trooper Durante’s injury precluded him from performing all of the functions of a trooper assigned to a field position, then he was permanently disabled and thus could not recover under [453]*453the Act. Furthermore, the State Police strenuously contends that the Commonwealth Court erred when it concluded that Trooper Durante’s return to work in his Staff Services position was tantamount to him returning to work as a state trooper, thus rendering his 1993 incapacity “temporary”. Rather, it contends that the relevant inquiry should focus on whether Trooper Durante could perform each of the duties required of a trooper deployed to a position in the field. In support of its position, the State Police relies heavily on this court’s decision in Cunningham, supra.

Before we begin an analysis of Cunningham, it is incumbent upon us to first examine Cunningham’s progenitor, Palmeri, supra. Trooper Palmeri sustained injuries while on duty and went on disability leave. The State Police subsequently asserted that Trooper Palmeri’s injury was permanent rather than temporary, and that Trooper Palmeri was not entitled to benefits under the Act.

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Durante v. Pennsylvania State Police
809 A.2d 369 (Supreme Court of Pennsylvania, 2002)

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809 A.2d 369, 570 Pa. 449, 2002 Pa. LEXIS 2222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durante-v-pennsylvania-state-police-pa-2002.