Price v. District of Columbia Police & Firefighters Retirement & Relief Board

542 A.2d 1249, 1988 D.C. App. LEXIS 163, 1988 WL 63137
CourtDistrict of Columbia Court of Appeals
DecidedJune 16, 1988
DocketNo. 86-1458
StatusPublished
Cited by3 cases

This text of 542 A.2d 1249 (Price 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
Price v. District of Columbia Police & Firefighters Retirement & Relief Board, 542 A.2d 1249, 1988 D.C. App. LEXIS 163, 1988 WL 63137 (D.C. 1988).

Opinion

REILLY, Senior Judge:

The sole question presented us by this petition for review is whether or not an order of the District of Columbia Police and Firefighters Retirement and Relief Board (“Retirement Board”) that involuntarily retired petitioner from the police department because of disability under D.C.Code § 4-615 (1981)1 was based on findings supported by substantial evidence. After examining the Retirement Board’s amended decision (dated April 22, 1987), and the record, including the transcript of the hearing, we have concluded that the conclusory findings lack such evidentiary support and, therefore, reverse.

The basic facts are undisputed and may be summarized as follows:

Petitioner joined the Metropolitan Police Department in 1971, and until 1979, performed patrol duty in a scout car as an active officer attached to the Seventh District. In that year, he suffered a myocardial infarction (coronary artery disease), requiring triple bypass surgery. He was unable to report for work until the following year. Because of his physical condition, he was placed on “limited duty” status. This consisted of an office assignment in the crime analysis unit — a desk job — making reports to guide his superiors in deploying active officers to particular locations. He continued to do this work until his retirement hearing in October 1986. Twice during this six-year period he experienced chest pains which resulted in hospitalization. On the first occasion, in 1983, he was treated at Southeast Community Hospital and released after six days of treatment. In late fall of 1985, he was again admitted to this hospital and transferred to Georgetown University Hospital for treatment of angina and for cardiovascular tests. He was discharged by the hospital and returned to duty two weeks after admission.

The following year, an assistant police chief, Carl V. Profater, submitted a list of officers on limited duty status to the Board of Police and Fire Surgeons (“Surgeons Board”) to consider whether or not the physical condition of any of these officers was such that they should be retired as disabled for useful and efficient service. Petitioner’s name was on this list.

On September 22, 1986, the Surgeons Board submitted a three-page report to the Retirement Board, the relevant portion of which reads:

On September 05, [sic] 1986, a summary report from Dr. Maria Caras stated, “Mr. Woodrow Price has been my patient for the last two years. He has severe coronary artery disease, hypercholesterole-mia, and hypertension. He has suffered an anteroseptal myocardial infarction in April, 1979. He has had a triple vessel coronary artery bypass graft in October 1979. In November, 1985, patient experienced chest pain consistent with unstable angina and was admitted to Georgetown University Hospital for evaluation and treatment. These records are enclosed for your review. Mr. Price was catherize [1251]*1251[sic] and found to have severe coronary lesions. He is being treated medically at present.
In view of patient’s stressful occupation as a police officer and his very serious cardial disease, I recommend that the patient be retired with full disability.” Officer Price is on permanent, limited duty. It is felt that he would not be able to return to full police duty.
SURGICAL SERVICE: No surgical problems.
PSYCHIATRIC SERVICE: Past history of alcohol abuse; no evidence of current psychiatric problems.
DIAGNOSES: Coronary artery disease; old myocardial infarction
Bypass graft
Hypertension
Hypercholesterol
This man’s condition is not the result of vicious habits or intemperance.
I. Stanley Anderson, M.D.
Member, Board of Police and Fire Surgeons
The Board of Police and Fire Surgeons recommends that Officer Woodrow Price is permanently disabled with a functional impairment of 30%.
William Chin-Lee, M.D.
Chairman, Board of Police
and Fire Surgeons

(Emphasis supplied.)

At the formal hearing before the Retirement Board, this report and the underlying hospital and medical records were received into evidence, having been previously served upon petitioner and his counsel. The only medical expert called to support the involuntary retirement recommendation was Dr. Anderson, who had signed the report of the Surgeons Board. Testimony was also presented by Assistant Chief Pro-fater and petitioner.

As this proceeding is governed by section 4-615 of the Code, supra, the ultimate question to be decided by the Retirement Board was whether petitioner had “become disabled due to injury received or disease contracted other than in the performance of duty, which disability precludes further service with his department.” In this context, the term “disabled” is a word of art, being defined in section 4-607(2) as follows:

The terms “disabled” and “disability” mean disabled for useful and efficient service in the grade or class of position last occupied by the member by reason of disease or injury, not due to vicious habits or intemperance as determined by the Board of Police and Fire Surgeons, or willful misconduct on his part as determined by the Mayor.

The foregoing diagnoses concerning petitioner’s failing health were accepted by the Retirement Board in its findings and are clearly supported by oral testimony and documentary exhibits. But as the position “last occupied” by petitioner was classified as falling in the category of “permanent limited duty,” and as the opinion of the Surgeons Board, after reciting the various ailments from which petitioner suffered, was that “he would not be able to return to full police duty,” see supra, it is apparent that the Surgeons Board’s report on its face seemed to be directed at inability to perform tasks requiring physical exertion such as pursuing and arresting armed criminals, subduing riotous mobs, driving motorcycles, or directing traffic at busy intersections — tasks which all officers on “full police duty” are called upon to perform from time to time. The report left open the question of whether any of petitioner’s ailments were so serious that he was precluded from further efficient service in his present desk job, a position in which he did not have to carry a gun, or do anything other than paper work in the “processing” of prisoners brought to divisional headquarters.2

The Retirement Board, unlike the Surgeons Board, did recognize that it was confronted with the problem of determining not whether petitioner’s deteriorated physical condition disabled him from full police [1252]*1252duty, but whether such condition was so serious that he was precluded from providing efficient service any longer in his current occupation. The Retirement Board made findings to this effect, stating that it was

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Bluebook (online)
542 A.2d 1249, 1988 D.C. App. LEXIS 163, 1988 WL 63137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-district-of-columbia-police-firefighters-retirement-relief-dc-1988.