Hipple v. Ward

146 A.D.2d 201, 539 N.Y.S.2d 917, 1989 N.Y. App. Div. LEXIS 4575
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 13, 1989
StatusPublished
Cited by9 cases

This text of 146 A.D.2d 201 (Hipple v. Ward) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hipple v. Ward, 146 A.D.2d 201, 539 N.Y.S.2d 917, 1989 N.Y. App. Div. LEXIS 4575 (N.Y. Ct. App. 1989).

Opinion

OPINION OF THE COURT

Smith, J.

This appeal raises for review the question of whether petitioner’s major depressive disorder, which necessitated his retirement, is due to a precipitating accidental event, entitling him to accidental disability benefits, or is due to injuries sustained while performing routine duties, entitling him to' ordinary disability benefits.

Petitioner Paul J. Hippie was appointed as a police officer with the New York City Police Department on October 15, 1969. For much of his 16 years on the force he worked undercover and performed narcotics investigations. During this time petitioner was awarded over 80 citations and is credited with having made approximately 1,500 felony arrests.

By application dated April 1, 1985, petitioner, then 37 years of age, sought accidental disability retirement, stating that "[a]s a result of numerous line of duty injuries while working undercover in anti-crime I suffer from major depressive disorder which prevents me from performing full police duties.” Petitioner supported his application with copies of 21 line-of-duty physical injury reports and related documents. These reports indicate that between 1970 and 1984 petitioner suffered line-of-duty injuries which included being twice struck by an automobile, a concussion, knife wounds, a broken nose, abrasions, lacerations, and bites by both dog and man.

Petitioner contends that his depressive disorder is the result of the hazardous, extraordinary nature of his assignments but that manifestation of the illness was precipitated by homosexual advances made towards him in January 1983 while working undercover on a narcotics case. On May 4, 1984 petitioner was stabbed by a perpetrator seeking to escape after an undercover drug arrest. Thereafter, between July 19 and August 10, 1984, petitioner was hospitalized under the care of psychiatrist Dr. J. B. Hayes.

As part of his application for accidental disability, petitioner [203]*203submitted a letter dated March 11, 1985 from his psychiatrist, Dr. Hayes, which stated that petitioner suffered from "Major Depressive Disorder” and was being treated with medication and supportive psychotherapy. Dr. Hayes noted that petitioner’s record of commendations and line-of-duty injuries suggested that petitioner had been "trying to perform the functions of three or four individuals and demanded more and more of himself to the point that he finally suffered a breakdown in his emotional control” requiring hospitalization. Dr. Hayes indicated that petitioner’s condition resembled "the classic situation of psychological exhaustion or 'burn-out’ ” and that the degree of prolonged and frequent stress on active duty "is responsible to a major degree for his present mental disability.” He recommended that petitioner be retired on the basis of a medical disability.

W. David Cheng, a psychologist with the police department’s Psychological Services Unit, prepared a report dated April 26, 1985 based, inter alia> upon interviews with the petitioner, a review of Dr. Hayes’ letter and petitioner’s records. Dr. Cheng also rendered a diagnosis of "Major Depressive Disorder” and opined that petitioner "will never be able to function under the stress of police work again.” He noted that petitioner had been previously hospitalized for two weeks in 1973 for "Acute Reactive Depression”. He further noted that petitioner attributed that prior illness to having been assaulted and robbed by a gang of 22 youths while riding on a bus as a police decoy and to another incident in which he had been physically assaulted after making an arrest, coupled with the break-up with his girlfriend. Dr. Cheng stated that petitioner "met his present wife in 1975, and has been functioning * * * well in the last ten years until this recent episode.”

On June 13, 1985, the Police Pension Fund Article II Medical Board (Medical Board) interviewed petitioner, reviewed the aforementioned psychiatric reports, application and supporting documents and concluded that (1) petitioner suffered from a major depressive disorder and was unable to continue police work; (2) while the nature of petitioner’s work had been stressful, "there was no specific accident which caused or precipitated this illness”, and (3) the ongoing stress of undercover and narcotics work is the result of activity undertaken in the performance of this type of police duty and cannot be considered out of the ordinary. The Medical Board recommended that the application for accident disability re[204]*204tirement be disapproved but that petitioner be retired on ordinary disability.

Petitioner’s counsel, by letter of September 6, 1985 wrote to the Board of Trustees of the Police Pension Fund (Trustees) urging that petitioner was suffering from a "post-traumatic stress disorder” as a result of the homosexual advances in 1983, which advances constituted an "accident” for these purposes, and that petitioner suffered from a preexisting condition of "acute reactive depression” which followed his assault in March 1973. Therefore, counsel argued that petitioner should be awarded accident disability benefits.

At its meeting of September 11, 1985, the Trustees remanded the matter to the Medical Board for a determination as to whether or not there exists a "nexus” between the applicant’s psychological disability and his enumerated line-of-duty injuries, and to state specifically whether the disability was caused by the petitioner’s work.

Thereafter, Dr. Hayes, by letter of October 11, 1985, reiterated his diagnosis of "Major Depressive Disorder” but added that petitioner also suffered from "Post-Traumatic Stress Disorder, Chronic”.

The Medical board conducted a further interview of petitioner, considered the October 11th letter of Dr. Hayes and the officer’s medical records, and, by a report dated October 17, 1985 again recommended the denial of accidental disability based upon its conclusions that (1) "[t]he repeated line of duty injuries suffered over the years by this officer have not specifically caused his psychiatric illness”; (2) "[t]he 1973 incident in which the officer * * * was beaten and robbed * * * did in retrospect, appear to have precipitated a previous psychiatric illness, namely 'reactive depression,’ for which the officer was hospitalized, treated and from which he recovered,” returned to full duty and had a "subsequent history of excellent police duty”; (3) it was "unable to causally relate the breakdown and the depression to any specific accident”; and (4) stress associated with the petitioner’s assignments in undercover and in narcotics was " 'normal stress,’ which is appropriate to the particular assignment,” "not out of the ordinary” and "not 'accidental.’ ” The Medical Board stated that "[tjhere is clearly an interaction between the officer’s genetic and personality structure on the one hand and the stress of his police duty assignments on the other.”

At its meeting of April 9, 1986, the Trustees again consid[205]*205ered petitioner’s application for accidental disability retirement and voted 6 to 6 to disapprove the application. In consequence of that vote, petitioner was retired on ordinary disability.

Petitioner, thereafter, commenced the instant proceeding pursuant to CPLR article 78 seeking, inter alia, to vacate respondent Trustees’ determination as arbitrary and capricious, and to remand the application for reconsideration of his request for accidental disability benefits.

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Bluebook (online)
146 A.D.2d 201, 539 N.Y.S.2d 917, 1989 N.Y. App. Div. LEXIS 4575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hipple-v-ward-nyappdiv-1989.