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Branson v. Municipal Fire & Police Retirement System of Iowa3/24/1999
Appeal from the Iowa District Court for Polk County, Glenn E. Pille, Judge.
Appeal in certiorari action by former firefighter concerning award of ordinary disability retirement benefits under Iowa Code chapter 411. AFFIRMED.
The question here is whether a former firefighter, Steven G. Branson, may receive accidental disability retirement benefits under Iowa Code chapter 411 (1995) for an ongoing, cumulative knee injury which developed during the course of his career as a firefighter, but which cannot be attributed to "the actual performance of duty at some definite time and place." Iowa Code § 411.6(5)(a). The Municipal Fire and Police Retirement System of Iowa (the System) concluded that Branson was not entitled to accidental disability benefits because the language of Iowa Code section 411.6(5)(a) requires that the disabling injury be attributable to a specific event which caused the injury. The System therefore only awarded Branson ordinary disability retirement benefits because his knee injury was the result of ordinary wear and tear and not attributable to a specific event or "actual performance of duty at some definite time and place." Iowa Code § 411.6(5)(a).
On Branson's certiorari review of the System's decision in the district court, the court agreed with the System's determination that Branson was not entitled to accidental disability retirement benefits because his knee injury could not be traced to a specific injury that occurred at a specific time and place.
Upon Branson's appeal, we uphold the decisions reached by the System and the district court. We therefore affirm the judgment of the district court.
I. Background facts and proceedings.
Steven G. Branson began working as a firefighter for the city of Council Bluffs in 1980. He last worked as a firefighter in September 1995, when he was unable to continue working due to swelling and pain in his left knee.
Branson sought medical treatment for his left knee in 1994. On June 9, 1994, Branson sought medical treatment from Dr. Daniel J. Larose, an orthopedic specialist, complaining of pain in his left knee. Dr. Larose's notes from this visit state that Branson complained that his left knee had been bothering him for several years, that the pain was getting progressively worse over time, and that he was unable to run. Dr. Larose further noted that Branson "denies any previous injury to the knee." Dr. Larose's diagnosis following the examination was osteoarthritis of the left knee.
Dr. Larose next examined Branson on September 8, 1994. Dr. Larose's notes indicate that Branson again complained of pain in his left knee, with significant discomfort after running and some discomfort from sitting. The notes also state that the pain "is certainly activity related." Dr. Larose discussed the option of performing osteotomy surgery with Branson, explaining that Branson would be off work for a few months following surgery.
On December 13, 1994, Branson slipped on ice while responding to a medical emergency and strained his left knee. The workers' compensation claim form indicates that Branson returned to work on December 18, 1994.
Branson next saw Dr. Larose on January 12, 1995 and agreed to go ahead with surgery. Surgery was performed on Branson's left knee on March 7, 1995. The procedure was described as a high tibial osteotomy of the left knee.
Branson returned to work on September 1, 1995, but was only able to work three days due to pain and swelling in his left knee. Branson did not return to work and was forced to take an early retirement.
On September 7, 1995, Branson filed an application with
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