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

65 P.3d 832, 2003 Alas. LEXIS 19, 2003 WL 1192826
CourtAlaska Supreme Court
DecidedMarch 7, 2003
DocketS-10062
StatusPublished
Cited by9 cases

This text of 65 P.3d 832 (Palmer v. Municipality of Anchorage, Police & Fire Retirement Board) 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
Palmer v. Municipality of Anchorage, Police & Fire Retirement Board, 65 P.3d 832, 2003 Alas. LEXIS 19, 2003 WL 1192826 (Ala. 2003).

Opinions

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The Anchorage Police and Fire Retirement Board denied Geoffrey Palmer occupational disability benefits for heart disease that worsened during his twelve-year tenure as a police officer for the Municipality of Anchorage. Palmer appealed, and the superior court affirmed. Because a board member’s motion to award Palmer benefits did not receive the requisite five votes, we hold that the board correctly rejected Palmer’s claim, even though four board members — a majority of the seven deciding his case— voted for the motion.

We also affirm the board’s decision on the merits. There was substantial evidence that Palmer’s disability was solely the result of his preexisting coronary artery disease, and was not aggravated by his 1990 work-related heart attack. There was also substantial evidence that work-related stress was not a substantial factor in bringing about or aggravating Palmer’s heart disease. We therefore affirm the superior court judgment upholding the board’s decision.

[836]*836II. FACTS AND PROCEEDINGS

A. Palmer’s Heart Disease

Geoffrey Palmer suffered a minor heart attack during the course of his employment as an Anchorage police officer in April 1990. Palmer was diagnosed with coronary artery disease, or atherosclerosis. Dr. Mohammed Sarwar performed a double coronary artery bypass about a week after Palmer’s attack.

Palmer returned to unrestricted duty with the Anchorage Police Department. He experienced no symptoms of his disease for the next six years.

In October 1996 a fellow police officer was killed in the line of duty while executing an arrest warrant. The next day, Palmer experienced chest and arm pains and had trouble breathing shortly after discussing the officer’s death with his wife.1 Palmer went to the emergency room and was diagnosed with a possible heart attack. Three days later a cardiologist diagnosed unstable angina and a possible mild heart attack. Tests revealed seventy to one hundred percent occlusions of several arteries, including a seventy percent occlusion of one of the two vein grafts used in the 1990 bypass surgery.

Palmer developed recurring angina pector-is after release from the hospital. His treating physician, Dr. Thomas Kramer, performed two coronary balloon angioplasties and placed a stent in Palmer’s mid-left anterior descending coronary artery in November 1996. Palmer has not experienced significant chest pains since these procedures. Palmer testified at his 1998 occupational disability hearing that he had been on leave from the police force since his 1996 hospital admission.

B. The First Board Decision Denying Occupational Disability Benefits

Palmer filed an application for occupational disability benefits under Plan III of the Anchorage Police and Retirement System in April 1997. The Police and Fire Retirement Board (“PFRB” or the “board”) denied his claim, and scheduled a hearing to review this denial. The only issue at the hearing was whether Palmer’s disability was work-related.

Palmer presented two theories under which he argued that he was entitled to benefits. First, he introduced expert medical evidence that his 1990 heart attack and subsequent bypass operation were precipitated by work-related activities. He also introduced evidence that one of the vein grafts had become severely occluded by 1996, and that this occlusion occurred for reasons unrelated to the progression of his underlying coronary artery disease. He concluded that he was entitled to occupational disability benefits because this occlusion aggravated or contributed to his disability. Alternatively, Palmer argued that he suffered a great deal of stress on the job that aggravated or contributed to his underlying disease.

Only three of the seven participating members of the board voted for a motion to award Palmer occupational disability benefits. Accordingly, the board treated the motion as denied under former Anchorage Municipal Code Regulation (AMCR) 3.85.010(B).2 The board relied extensively on the testimony of Dr. William Breall, the independent medical examiner hired by the board for this case, in concluding that Palmer’s disability was not work-related under either of his two theories.

On appeal by Palmer, the superior court held that the board “erred in adopting Dr. Breall’s opinions as ‘substantial’ evidence and erred in failing to resolve inconclusive and doubtful medical testimony in favor of Palmer.” The superior court remanded the case to the board for “reconsideration of the record, applying the proper legal standard,” and ordered the board to “reconsider its reliance on Dr. Breall’s opinions.”

[837]*837C. The Second Board Decision Denying Occupational Disability Benefits

Seven board members, including two who did not participate in the original decision, reconsidered the record and voted four to three to award Palmer occupational disability benefits. But because the motion to award benefits did not receive five votes, the motion failed under AMCR 3.85.075(B).3

Accordingly, the board issued a second ruling explaining its denial of Palmer’s claim. The board relied on the testimony and reports of Dr. Breall and Dr. Werner Samson as well as “other objective medical evidence” in the record.4

Palmer appealed, and the superior court affirmed the board’s second decision. The court found that the board properly reconsidered its reliance on Dr. Breall’s testimony in accordance with the first superior court order, and that the board relied on the testimony of Dr. Samson and objective medical evidence as well as Dr. Breall’s testimony in reaching its decision on remand. The court concluded that “substantial evidence in the record supports the Board’s denial of occupational disability benefits.”

Palmer appeals the superior court’s ruling, contesting the board’s procedures as well as its factual and legal conclusions.

III. STANDARD OF REVIEW

This case first requires us to consider the constitutionality of an administrative regulation. We conduct this review using our independent judgment,5 adopting “the rule of law that is most persuasive in light of precedent, reason, and policy.”6 We review an agency’s interpretation of its own regulations using our independent judgment, so long as that interpretation does not implicate the agency’s area of expertise or questions of fundamental policy committed to the agency’s discretion.7

Next, we must consider a merit appeal of an agency adjudication. “In considering an administrative appeal from a decision issued by the superior court [sitting] as an intermediate court of appeal, we review the agency’s action directly.”8 We review questions of law not involving agency expertise using our independent judgment.9 We review the agency’s factual determinations under the substantial evidence standard.10 Whether the quantum of evidence is sufficient to constitute “substantial evidence” supporting the agency’s conclusion to deny benefits is a legal question to which we apply our independent judgment.11

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Cite This Page — Counsel Stack

Bluebook (online)
65 P.3d 832, 2003 Alas. LEXIS 19, 2003 WL 1192826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-municipality-of-anchorage-police-fire-retirement-board-alaska-2003.