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Branson v. Municipal Fire & Police Retirement System of Iowa3/24/1999
the System for disability retirement benefits.
A medical board from the University of Iowa Hospitals and Clinics, see Iowa Code section 411.5(8), after examination of Branson, certified in writing that Branson "is physically incapacitated from the performance of the functional demands of his position . . . . This incapacity is likely to be permanent."
On November 30, 1995, the System, by a letter from its executive director, awarded Branson "ordinary disability" retirement benefits because of his left knee disability. Thereafter, Branson filed an appeal with the System challenging the classification of his disability as "ordinary" rather than "accidental."
A hearing concerning Branson's appeal was held before a three-member disability appeals committee of the System. The committee received evidence from Branson and Dr. Larose concerning Branson's duties as a firefighter and his complaints concerning his left knee. Dr. Larose explained that Branson's condition was a "wear and tear" type of arthritis, and that, while Dr. Larose did not believe that the job caused the osteoarthritis, he felt it was an aggravating factor and that it "did accelerate the wear in his knee." Dr. Larose did not link Branson's condition to a specific work injury event.
In its decision following the hearing, the committee noted that it was undisputed that Branson was incapacitated from performing duties as a firefighter due to osteoarthritis in the left knee. The committee further concluded, however, that Branson "failed to prove that his disability was caused by the actual performance of duty at a definite time and place" as required by Iowa Code section 411.6(5)(a). The committee thus denied Branson's appeal for accidental disability retirement benefits, but ordered that he continue to receive ordinary disability retirement benefits as awarded by the System on November 30, 1995.
The System's Board of Trustees later ratified the committee's decision as the final decision of the System.
Thereafter, plaintiff Branson filed a petition for writ of certiorari in district court, seeking review of the defendant System's decision. After hearing, the district court denied Branson's petition. The court concluded that substantial evidence supported the System's Conclusion that Branson was not entitled to an accidental disability retirement pension because he did not prove that his disability resulted from an injury which occurred in the actual performance of duty at "some definite time and place." See Iowa Code ยง 411.6(5)(a). The court rejected Branson's contention that a cumulative injury, such as his ongoing knee problem, could qualify as an "accidental" injury for purposes of obtaining accidental disability retirement benefits.
Branson appeals.
II. Scope of review.
We summarized the applicable scope of review principles for cases like this in City of Cedar Rapids v. Municipal Fire & Police Retirement System, 526 N.W.2d 284 (Iowa 1995):
"Iowa Code chapter 411-Retirement Systems for Police Officers and Firefighters-does not contain any appeal provisions. But a party receiving an adverse decision from the Board may seek judicial review of the Board's decision by filing a petition for a writ of certiorari. . . "Certiorari actions are proper when an inferior board, exercising judicial functions, acts illegally. . . . An inferior board acts illegally if it has not acted in accordance with a statute or if its decision was not supported by substantial evidence. . . . Evidence is substantial "when a reasonable mind could accept it as adequate to reach the same findings." . . . Evidence is still substantial even though it w
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