Stoner v. DISTRICT OF COL. POL. & FIRE., ETC.

368 A.2d 524
CourtDistrict of Columbia Court of Appeals
DecidedJanuary 14, 1977
Docket9654
StatusPublished

This text of 368 A.2d 524 (Stoner v. DISTRICT OF COL. POL. & FIRE., ETC.) 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
Stoner v. DISTRICT OF COL. POL. & FIRE., ETC., 368 A.2d 524 (D.C. 1977).

Opinion

368 A.2d 524 (1977)

Larry M. STONER, Petitioner,
v.
DISTRICT OF COLUMBIA POLICE AND FIREMEN'S RETIREMENT AND RELIEF BOARD, Respondent.

No. 9654.

District of Columbia Court of Appeals.

Argued November 4, 1975.
Decided January 14, 1977.

*526 Patrick J. Christmas, Washington, D.C., for petitioner.

Dennis McDaniel, Asst. Corp. Counsel, Washington, D.C., with whom C. Francis Murphy, Corp. Counsel, Louis P. Robbins, Principal Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Before KERN and HARRIS, Associate Judges, and STEWART, Associate Judge, Superior Court of the District of Columbia.[*]

HARRIS, Associate Judge:

Petitioner seeks review of an order of the Police and Firemen's Retirement and Relief Board in which he, an officer of the Metropolitan Police Department, was found to be unfit for further service on the grounds of a non-service connected disability, and was involuntarily separated without pension.[1] He challenges the Board's order as unsupported by the evidence and contrary to law. Our jurisdiction derives from D.C.Code 1973, §§ 11-722 and 1-1510. See Johnson v. Board of Appeals and Review, D.C.App., 282 A.2d 566, 567-68 (1971), cert. denied, 405 U.S. 955, 92 S.Ct. 1175, 31 L.Ed.2d 232 (1972).[2]

We conclude that the order was based upon factual conclusions which are unsupported by substantial evidence, and reverse.

Petitioner was appointed to the Metropolitan Police Department on June 21, 1971. On April 21, 1973, while patrolling on a motor scooter, he was struck by a camper vehicle. He sustained multiple fractures and other serious injuries. Despite prolonged treatment, he never again was able to work as a police officer.[3] Following *527 hearings on February 13 and May 8, 1975, the Board made written findings (1) that petitioner was permanently disabled for further police duty; (2) that the nature of his disability was psychological;[4] and (3) that his disability was the manifestation of a pre-existing condition.[5] In light of these findings, the Board concluded that the disability was neither caused nor aggravated by the accident or the general performance of petitioner's police duties. The Board accordingly reached the conclusion that petitioner was not entitled to financial relief under D.C.Code 1975 Supp., § 4-527(1) and (2), and ordered that he be separated from police service without pension. See D.C.Code, 1973, § 4-529.

Petitioner does not contest the finding of permanent disability, nor does he seriously dispute the Board's conclusion that the ultimate disability is psychological in nature. Those findings are supported by substantial evidence. See D.C.Code 1973, § 1-1510(3)(E). Cf. Fisher v. Police & Firemen's Retirement & Relief Board, D.C.App., 351 A.2d 502 (1976); Morgan v. Board of Appeals and Review, D.C.App., 305 A.2d 243 (1973). What is challenged is the Board's treatment of the disabling post-traumatic neurosis and hysterical conversion reaction as mere manifestations of petitioner's pre-existing psychological profile, unrelated to the accident. Petitioner also challenges the Board's concomitant conclusion that relief under § 4-527(1) and (2) was unjustified as petitioner's condition was neither caused nor aggravated by the performance of his duties.

D.C.Code 1975 Supp., § 4-527, provides in pertinent part:

(1) Whenever any member is injured or contracts a disease in the performance of duty or such injury or disease is aggravated by such duty at any time after appointment and such injury or disease or aggravation permanently disables him for the performance of duty, he shall upon retirement for such disability, receive an annuity. . . .
(2) In any case in which the proximate cause of an injury incurred or disease contracted by a member is doubtful, or is shown to be other than the performance of duty, and such injury or disease is shown to have been aggravated by the performance of duty to such an extent that the member is permanently disabled for the performance of duty, such disability shall be construed to have occurred in the performance of duty. The member shall, upon retirement for such disability, receive an annuity. . ..

As we interpret the statute, § 4-527(1) provides for an annuity where the officer *528 is disabled by injury or disease incurred as a result of his service, or where his continued duty aggravates a service-connected disease or injury to the point of disability. Section 4-527(2) provides for an annuity if, where the cause of the disabling injury or disease is doubtful or external to the service, the claimant affirmatively shows that the condition became disabling as a result of service-related aggravation. See Lewis v. Board of Appeals and Review, D.C.App., 330 A.2d 253, 255-56 (1974).

The frequency with which this court has been asked to review the Board's determinations in cases involving psychiatric or psychological disabilities reflects the inadequacy of the causal analysis in the statutory language. It is well settled that the concept of "injury or disease" embraces impairments which are wholly nonorganic in nature. See, e. g., Crider v. Board of Appeals and Review, D.C.App., 299 A.2d 134 (1973); Lynch v. Tobriner, 237 F.Supp. 313, 316 (D.D.C.1965). See also Johnson v. Board of Appeals and Review, supra. What is not clear, however, either from the statute or case law, is the manner in which the test of "caused or aggravated" is to be applied to wholly mental or emotional impairments. In other words, under what circumstances may the annuity be awarded for a psychological disability which appears to be the product of both a service-related trauma (e. g., injuries received in an on-duty vehicular collision) and the individual officer's particular personality characteristics?[6]

As the concept of qualifying disabilities (i. e., "injury or disease") includes psychological impairments, it is obvious that relief in such cases is potentially available under either subsection of § 4-527. While subsection (2) imposes upon the claimant the burden of proving the necessary connection between his disabling condition and events or circumstances which occurred in the line of duty (see Lewis v. Board of Appeals and Review, supra, at 255-56), both provisions require the resolution of the difficult question of whether the condition which prevents the continued performance of the officer's duties may be characterized as the result of the traumatizing events of his service or merely as an unrelated manifestation of his underlying personality characteristics.[7]

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Related

Thomas L. Souder v. Walter N. Tobriner
314 F.2d 272 (D.C. Circuit, 1963)
Joseph R. Hyde v. Walter N. Tobriner
329 F.2d 879 (D.C. Circuit, 1964)
James R. Blohm v. Walter N. Tobriner
350 F.2d 785 (D.C. Circuit, 1965)
Fisher v. Police & Firemen's Retirement & Relief Board
351 A.2d 502 (District of Columbia Court of Appeals, 1976)
Johnson v. Board of Appeals and Review
282 A.2d 566 (District of Columbia Court of Appeals, 1971)
Crider v. District of Columbia Board of Appeals & Review
299 A.2d 134 (District of Columbia Court of Appeals, 1973)
Hill v. District Unemployment Compensation Board
302 A.2d 226 (District of Columbia Court of Appeals, 1973)
Lewis v. District of Columbia Board of Appeals & Review
330 A.2d 253 (District of Columbia Court of Appeals, 1974)
Carroll v. District of Columbia Board of Appeals & Review
292 A.2d 161 (District of Columbia Court of Appeals, 1972)
Morgan v. District of Columbia Board of Appeals & Review
305 A.2d 243 (District of Columbia Court of Appeals, 1973)
Brewington v. District of Columbia Board of Appeals & Review
309 A.2d 112 (District of Columbia Court of Appeals, 1973)
Stoner v. District of Columbia Police & Firemen's Retirement & Relief Board
368 A.2d 524 (District of Columbia Court of Appeals, 1977)
Lynch v. Tobriner
237 F. Supp. 313 (District of Columbia, 1965)
Monica v. Tobriner
253 F. Supp. 851 (District of Columbia, 1966)

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368 A.2d 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoner-v-district-of-col-pol-fire-etc-dc-1977.