Mastio v. Firefighters' Pension & Relief Fund ex rel. City of New Orleans

637 So. 2d 1262, 93 La.App. 4 Cir. 1881, 1994 La. App. LEXIS 1566, 1994 WL 220356
CourtLouisiana Court of Appeal
DecidedMay 26, 1994
DocketNo. 93-CA-1881
StatusPublished
Cited by4 cases

This text of 637 So. 2d 1262 (Mastio v. Firefighters' Pension & Relief Fund ex rel. City of New Orleans) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mastio v. Firefighters' Pension & Relief Fund ex rel. City of New Orleans, 637 So. 2d 1262, 93 La.App. 4 Cir. 1881, 1994 La. App. LEXIS 1566, 1994 WL 220356 (La. Ct. App. 1994).

Opinion

JONES, Judge.

This appeal arises from an application by the plaintiff, Irwin Mastio, for a service-connected disability pension. The request for an increase in benefits was made at a meeting of the Board of Trustees of the Firefighters’ Pension and Relief Fund on June 11, 1992. The Board rendered a decision on September 10, 1992 denying the firefighter’s request to have the Board consider his application for increased disability benefits.

Upon the Board’s decision, the plaintiff timely perfected an appeal to the original decision. On November 17, 1992, a hearing was held before the Firefighter’s Pension and Relief Committee, and the plaintiff called Dr. Oliver Sanders as his expert witness. The medical records of the plaintiff at the time of his initial application for pension benefits, including the reports of Drs. Christopher Meyers and Madeline Heidelberg were stipulated into evidence. On December 10, 1992, the Committee issued a decision refusing to reopen the plaintiffs application for pension benefits.

laThe plaintiff appealed to the Civil District Court and a hearing was held before the trial court on June 28,1993. The written decision issued by the trial court was in favor of the Board of Trustees. The trial court determined that the Board made a credibility finding against the expert witness of the plaintiff, Dr. Sanders, and in favor of Dr. Heidelberg. The trial court explained that it was not within its jurisdiction to review such a finding of fact. Furthermore, the trial court alluded that the plaintiffs right of action had prescribed.

Plaintiff now appeals, seeking review of the trial court’s decision to affirm the decision of the Administrative Board. On appeal, the plaintiff assigns the following errors:

(1) The trial court erred in affirming the decision of the Board denying the plaintiff the right to apply and prove his entitlement to a service-connected disability pension; (2) the trial court erred in accepting the Board’s determination that Dr. Sanders’ testimony [1264]*1264was not credible as opposed to the report of Dr. Heidelberg on the issue of the plaintiffs mental capacity when he applied for his pension; and (3) the trial court erred in applying prescription to limit the plaintiffs legal right of action.

FACTS

Plaintiff served as a firefighter for the City of New Orleans for six years (November 1969 — November 1975). After his rookie year, he became a permanent firefighter. In July of 1974, plaintiff went on sick leave for approximately 13 months because of a nervous condition. During this time period, the plaintiff commenced receiving outpatient psychiatric treatment and later came under the care of Dr. Meyers.

On October 15,1975, Mr. Bernard Nicolay, Secretary-Treasurer for the Firefighters’ Relief and Pension Fund, sent a letter to the plaintiff notifying him |3that his sick leave would expire on November 17, 1975 and that an application for pension benefits should be submitted prior to that time. Additionally, by letter dated October 22,1975, Mr. Nicolay requested that Dr. Meyers render a diagnosis and prognosis on the plaintiffs condition. Dr. Meyers replied on October 30, 1975, diagnosing a personality disorder with dependent and depressive features. Dr. Meyers stated that the probable cause was the occurrence of multiple factors in the plaintiffs childhood and adolescence that influence personality formation.

On October 24, 1975, the plaintiff was admitted to the Southeast Louisiana Hospital in Mandeville. Additional correspondence from the Fund dated November 12, 1975 was sent to plaintiffs spouse, Mrs. Sandra Mastio, requesting a letter from the plaintiffs physician providing a diagnosis and stating whether the plaintiff was capable of conducting his own personal affairs. The letter further stated that if Mr. Mastio was not capable of conducting his affairs it would be wise to engage legal counsel to handle the matter. Dr. Heidelberg sent a letter dated December 2, 1975, to the Pension Fund stating that the plaintiff had been admitted to a hospital on October 24, 1975, for schizophrenia, paranoid type. Dr. Heidelberg further stated that the plaintiff was totally disabled in regard to performing fire fighting duties, but that he was capable of conducting his own affairs.

At the beginning of January, the plaintiff met with Mr. Nicolay to sign a pension application requesting a service-connected pension. Around this same time, the plaintiff informed the Fund that he had been released and was fully recovered. As a result, Mr. Nicolay sent a letter to Dr. Heidelberg dated January 6,1976, requesting an updated diagnosis. On January 12, 1976, Dr. Heidelberg sent a letter to the Fund confirming her prior diagnosis, and stating that the plaintiffs condition was unchanged.

LOn January 14, 1976, the Board met and found that there was insufficient evidence to support the award of a service-connected disability pension, and instead awarded a non service-connected disability pension. The plaintiff was notified by certified mail that he had been granted a non service connected disability pension to become effective November 23, 1975. The letter informed the plaintiff of his right to request a hearing within ten days if he wanted to appeal the pension award. The plaintiff did not request a hearing.

In early 1992, the plaintiff secured legal counsel and requested an increase in benefits at a meeting of the Board of Trustees and was denied. At the hearing, the plaintiff presented Dr. Sanders who testified that the cause of the plaintiffs disability was a post-traumatic stress disorder resulting from the plaintiffs work as a firefighter. Dr. Sanders gave testimony that his conclusions were based on two forty-five minute interviews with the plaintiff on April 13, 1992 and November 9, 1992. On behalf of the defendant, Mr. Nicolay gave testimony that adequate notification and the proper process was followed in handling the plaintiffs initial application for pension benefits.

In his first assignment of error, the plaintiff contends that the trial court erred in affirming the decision of the Board denying him the right to apply and prove his entitlement to a service-connected disability pension. The plaintiff argues that there are extenuating circumstances regarding his [1265]*1265claim which would require the Board to consider the plaintiffs application for a service-connected disability pension. Plaintiff argues that the Board’s decision to reject Dr. Sanders’ testimony and base its decision on Dr. Heidelberg’s report was arbitrary and capricious because the Board was unclear as to what Dr. Heidelberg meant by stating that the plaintiff could handle his own affairs. Plaintiff also points to the fact that he did not receive the pension he | ¿requested, and he did not have a representative to assist him in the application process for his pension benefits.

The Administrative Procedure Act sets a very deferential standard and high burden of proof for the appellant in attempting to overturn the decision of the administrative decision maker. The pertinent provision of the Administrative Procedure Act is La.R.S. 49:964 G(6) which provides:

... The Court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: ...
(6) Manifestly erroneous in view of the reliable, probative, and substantial evidence on the whole record ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Murray v. CITY OF HARAHAN
954 So. 2d 171 (Louisiana Court of Appeal, 2007)
Fishbein v. STATE EX REL. LSU
887 So. 2d 56 (Louisiana Court of Appeal, 2004)
Foti v. Board of Trustees
817 So. 2d 233 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
637 So. 2d 1262, 93 La.App. 4 Cir. 1881, 1994 La. App. LEXIS 1566, 1994 WL 220356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastio-v-firefighters-pension-relief-fund-ex-rel-city-of-new-orleans-lactapp-1994.