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

532 A.2d 102, 1987 D.C. App. LEXIS 460
CourtDistrict of Columbia Court of Appeals
DecidedOctober 13, 1987
Docket85-1645
StatusPublished
Cited by16 cases

This text of 532 A.2d 102 (Martin 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
Martin v. District of Columbia Police & Firefighters' Retirement & Relief Board, 532 A.2d 102, 1987 D.C. App. LEXIS 460 (D.C. 1987).

Opinions

FERREN, Associate Judge:

Petitioner William D. Martin asks for review of an order of the Police and Firefighters Retirement and Relief Board (Board) denying his application for disability retirement from the Metropolitan Police Department. The Board concluded that Martin’s physical injuries to his wrist and hand did not disable him “for useful and efficient service in the grade or class of position last occupied.” D.C.Code § 4-607(2) (1981); see id. § 4-616(a). The Board’s ruling was not “in accordance with law,” id. § l-1510(a)(3)(A) (1987 Replacement), for the Board failed to make a specific finding that Martin’s assigned work is “useful and efficient” service to his department. Martin’s testimony raised this issue, and thus we remand for the Board to determine whether Martin has been disabled for service that is both useful and efficient, given the department’s needs and Martin’s capabilities.

I.

Martin joined the Metropolitan Police force in 1965. He had attained the rank of sergeant in February 1979 when he was shot in the wrist while attempting to execute a search warrant. During the four years following his injury, Martin underwent four operations to repair his damaged left wrist and to mitigate the pain he continued to experience. He sporadically performed some form of limited duty between April 1980 and his fourth operation in April 1983, when he went on extended sick leave. Since August 1985, Martin has performed a variety of light duty tasks with the police department.

Martin first applied for disability retirement in 1982. Although his wound had permanently disabled him from returning to full duty, the Board found Martin capable of performing a useful and efficient light duty alternative and, accordingly, denied his claim. Martin applied a second time for disability retirement in June 1984, but, because the Board found that Martin had presented no new evidence, the Board again denied his claim. When his doctors indicated that Martin’s condition had grown worse, he sought disability retirement a third time in October 1985. It is the denial of this claim that Martin now appeals. The decision and its evidentiary bases are set forth in the Board’s “Findings of Fact, Conclusions of Law, and Decision” (Decision) dated November 18, 1985.

At Martin’s October 1985 hearing, the Board received evidence from a variety of sources. Dr. Cornelius Frey had examined Martin more than forty times since his injury and had performed all four operations on Martin’s hand. Dr. Frey testified that, while Martin retained limited use of the fingers in his left hand, his thumb and index finger were seriously impaired, his wrist and long finger were partially impaired, and permanent neromas in his hand caused acute pain when triggered by contact. The result, according to Dr. Frey, was a permanent 50% disability of the left hand. Dr. Samuel Q. Mitchell also testified about his examinations of Martin and concluded that the functional impairment of Martin’s hand, together with the painful neromas, rendered Martin disabled from even limited duty.

Additional medical evidence came from various letters and reports written by Dr. Frey, Dr. Joseph D. Linehan, and the Board of Police and Fire Surgeons (Board of Surgeons). Dr. Linehan had examined Martin in 1984 and concluded that Martin’s wrist rendered him “incapable of light duty as a policeman.” In contrast, the Board of Surgeons, which reviews disability cases before they are heard by the Board, opined in its Summary Medical Report that Sergeant Martin, while “permanently disabled with a functional impairment of 20%,” could “perform limited duty.” The report was signed by Drs. Balkissoon and Chin-Lee, neither of whom had examined Martin at any time. It referred generally to “Martin’s medical history,” as well as to a 1984 report by Dr. Linehan which had concluded that Martin was incapable of light-duty po[105]*105lice work because he was able to use his left hand only as a “scoop.” The Board of Surgeons also relied on a report by the police department’s Internal Affairs Division which, as the surgeons interpreted it, tended to show that Martin could perform limited duty.

Non-medical evidence presented at the hearing concerned Martin’s musical and domestic activities. The Board admitted into evidence the report of the Internal Affairs Division cited by the Board of Surgeons. The investigations chronicled in this report were apparently aimed at gathering evidence, first, about whether Martin was working for pay while on sick leave and, second, about whether Martin used his left hand in ways incompatible with his claim for disability retirement. Internal Affairs gathered information by sending officers to watch Martin sing with a night club band and to interview Martin’s neighbors about how he used his left hand around the house. The report records the observations of five officers who watched Martin perform with the band; each reported various ways in which Martin used his left hand, such as to hold a microphone, push boxes, hold a glass, and grasp the hand of a woman with whom he danced. The report also states that one officer “observed a person whom he believed to be Sergeant Martin” pushing a power mower with both hands across the lawn of Martin’s house. Finally, the report summarizes statements by two neighbors who acknowledged they had seen Martin sometimes mow his lawn or shovel snow. A third neighbor made statements tending to exonerate Martin of the lawn-mowing charge; he had seen only Martin’s brother mowing the lawn for Martin. Neither the officers who elicited these statements nor the neighbors who spoke with the officers were called to testify at the hearing. Moreover, each of the neighbors had refused to sign written statements. The Internal Affairs Report was drafted by Sergeant Stanley E. Causey, the only officer of the five observers who testified at the hearing. The report was signed by Lieutenant Allen Smith, who had not participated in the observations or in the interviews of neighbors that are summarized in the report.

Martin was the final witness to testify. Based on his testimony, the Board established that Martin receives a salary of $33,-700 per year. Martin also described his light duty assignments during the ten weeks since returning to work in August 1985. He stated that he had conducted twenty interviews of job applicants, each taking about fifteen minutes; he had conducted a morning roll call twice a week, requiring about ten minutes each time; he had managed disbursements of money from a special fund, requiring an average of about three or four minutes; he had ensured that police cruisers belonging to his division received needed maintenance, occupying “a couple of minutes” a day; and he had signed leave slips, at thirty seconds each. Martin said that he senses he is “slighted” in the department because of the little work he does. He added that he feels he does not contribute to the department and his colleagues.

The Board concluded that Martin was not disabled from “useful and efficient service” with the police department. It relied on (1) Dr. Frey’s testimony that petitioner has full use of two fingers, partial use of two more, and some capacity to manipulate his thumb; (2) the Internal Affairs Report that Martin’s injury has not affected his “musical and away-from-the-department activities in which the left hand is used unre-strictedly and without apparent pain;” and (3) the conclusion of the Board of Surgeons that Martin is capable of light duty. The Board’s Decision ignores Dr. Mitchell’s testimony.

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Martin v. District of Columbia Police & Firefighters' Retirement & Relief Board
532 A.2d 102 (District of Columbia Court of Appeals, 1987)

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Bluebook (online)
532 A.2d 102, 1987 D.C. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-district-of-columbia-police-firefighters-retirement-relief-dc-1987.