Municipality of Anchorage, Police & Fire Retirement Board v. Coffey

893 P.2d 722, 1995 Alas. LEXIS 34
CourtAlaska Supreme Court
DecidedApril 14, 1995
DocketS-6136
StatusPublished
Cited by23 cases

This text of 893 P.2d 722 (Municipality of Anchorage, Police & Fire Retirement Board v. Coffey) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Municipality of Anchorage, Police & Fire Retirement Board v. Coffey, 893 P.2d 722, 1995 Alas. LEXIS 34 (Ala. 1995).

Opinion

*724 OPINION

COMPTON, Justice.

I. INTRODUCTION

Lisa Coffey petitioned the Municipality of Anchorage Police and Fire Retirement Board (Board) for permanent occupational disability benefits under Plan III of Anchorage Municipal Code (AMC) 3.85.230. The Board denied her claim and awarded her non-occupational benefits under AMC 3.85.240. Ms. Coffey appealed the Board’s decision to the superior court. AS 22.10.020(d); Alaska R. Appellate P. 602. The superior court reversed the Board’s decision. It concluded that there was not substantial evidence to support the Board’s conclusion that Ms. Coffey’s disability was non-occupational. The Board appeals. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. FACTUAL BACKGROUND

Lisa Coffey was employed as a police officer and call taker by the Municipality of Anchorage Police Department (APD) for approximately six years. On January 1, 1990, she was attempting to make an arrest. She was knocked down and kicked in the left shoulder blade area by the arrestee. She was wearing a three-to-four pound Kevlar protective vest when she was kicked. Ms. Coffey sought treatment from Dr. James C. Emerson, a chiropractor, for the injuries she sustained in this episode. Although the parties do not agree when Dr. Emerson began treating Ms. Coffey’s left shoulder, Dr. Emerson’s chiropractic records from January 2, 1990 show that Dr. Emerson adjusted Ms. Coffey’s left hip and thoracic area, set her jaw, and took an x-ray of her lumbar region the day after the accident. 1 After four months of treatment Dr. Emerson released Ms. Coffey to return to full duty.

After being released by Dr. Emerson, Ms. Coffey returned to full duty until August of that year. During this time she worked regular shifts for the APD with no medical restrictions. She claims that she continued to experience nagging minor symptoms in varying degrees during this period, although there is no record of medical treatment. In August Ms. Coffey reported to Dr. Denise Z. Anderson, her family physician, that she had experienced pain and numbness in her left arm. Dr. Anderson referred Ms. Coffey to Dr. Robert Fu, a physiatrist, for testing. After evaluating Ms. Coffey’s condition, Dr. Fu diagnosed Ms. Coffey as suffering from thoracic outlet syndrome. He recommended that Ms. Coffey change occupations. 2

Ms. Coffey worked light duty in the training department from September 1990 through December 1991. During this period the physicians treating her never released her to return to full duty. In December the APD terminated Ms. Coffey from her sworn position as a patrol officer and rehired her in a non-sworn position as a call taker. In September 1992, Ms. Coffey’s primary physician, Dr. Chang-Zern Hong, took her off this light-duty work. He reasoned that her job duties, combined with the stress of pressing her claim before the Board, rendered her incapable of continuing to work as a call taker.

In addition to Doctors Emerson, Anderson, Fu, and Hong, Ms. Coffey has consulted with at least thirteen other physicians and health care providers. 3 She conferred with many of *725 these at the request of the Board. In summarizing the testimony and diagnoses given by these physicians and health care providers, the Board’s own physician, Lee Glass, J.D., M.D., stated that virtually all of the physicians agreed that Ms. Coffey’s current complaints are secondary to trauma. Dr. Glass emphasized that all of the physicians directly or by implication pointed to the incident of January 1, 1990 as the cause of Ms. Coffey’s chronic pain complaints. Dr. Glass further remarked that no health care provider had identified an alternative etiology for Ms. Coffey’s condition.

Although Ms. Coffey’s medical history pri- or to January 1, 1990, is largely undisputed, it is significant because the etiology of her disability is at issue. Most relevant to this dispute are four injuries which Ms. Coffey sustained to her back and neck prior to 1990: (1) in 1985 Ms. Coffey sustained a strained right shoulder muscle in a physical training class; (2) in 1986 she pulled a shoulder and neck muscle or nerve while assisting an off-duty officer; (3) in 1987 she pulled a muscle on the right side of her lower back while breaking up a fight; and (4) in 1989 she experienced pain and limited movement of her right shoulder after lifting a toilet bucket.

Ms. Coffey sought medical attention for these injuries from both Dr. Emerson and Dr. Anderson. 4 The Board specifically notes the importance of three entries in Ms. Coffey’s medical history: (1) in 1987 Dr. Emerson recorded that Ms. Coffey was complaining of pain under her right shoulder blade; (2) as early as 1987 Dr. Anderson diagnosed Ms. Coffey with “mild myofascial syndrome;” and (3) in 1989 Ms. Coffey sought treatment from Dr. Anderson because she could not lift her arm and had difficulty turning to the right.

B. PROCEDURAL HISTORY

On May 23, 1991 Ms. Coffey applied for permanent occupational disability benefits under the Municipality of Anchorage Police and Fire Retirement Plan III. 5 The Board awarded Ms. Coffey temporary occupational disability benefits. After further investigation, the Board concluded that Ms. Coffey had failed to prove by a preponderance of the evidence that her disability was permanent. On this theory it denied permanent disability benefits. Ms. Coffey appealed the Board’s decision, and under AMC 3.85.004(C) (1993) requested a formal administrative hearing.

At the conclusion of the formal administrative hearing the Board reversed its prior ruling on the permanency of Ms. Coffey’s disability and concluded that she was permanently disabled. However, the Board also found that Ms. Coffey had failed to prove by a preponderance of the evidence that her disability was occupationally related. The Board ordered that Ms. Coffey receive permanent non-occupational disability benefits. These benefits are significantly less than occupational benefits. See AMC 3.85.230, 3.85.240 (1989).

Ms. Coffey appealed to the superior court the issue of whether her disability was non-occupational. The superior court reversed the Board’s determination and ordered the Board to award Ms. Coffey permanent occupational disability benefits. The Board appeals. 6

III. DISCUSSION

A. STANDARD OF REVIEW

We review the merits of the Board’s administrative determination de novo. When we review a decision of the *726 superior court sitting as an intermediate court of appeal, we give no deference to the superior court’s decision. Tesoro Alaska Petroleum Co. v. Kenai Pipe Line Co.,

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Bluebook (online)
893 P.2d 722, 1995 Alas. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipality-of-anchorage-police-fire-retirement-board-v-coffey-alaska-1995.