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Branson v. Municipal Fire & Police Retirement System of Iowa3/24/1999
that if plaintiff's cumulative trauma theory were to succeed here to qualify him for an "accidental" disability retirement pension, there would be few situations left where the "ordinary" disability retirement pension would be appropriate.
In any event, we believe that the district court correctly articulated a possible basis for the "some definite time and place" requirement in section 411.6(5)(a) when it stated: Chapter 411 also allows recovery for cumulative work-related injuries, but it preserves the distinction between cumulative and "accidental" disabilities, and compensates the latter at a higher rate. The fact that courts often make analogy to the workers' compensation laws when interpreting the statutes governing the System does not operate to erase the accident requirement found in Iowa Code section 411.6(5)(a).
". . . . ". . . The most obvious rationale is that the legislature recognizes police officers and firefighters endure an extraordinary amount of stress upon the human body, which accumulates as they age. The "accident" requirement is an effort by the legislature to distinguish between those public servants whose careers are cut short due to an event beyond their control, and those whose careers end after many years of voluntarily accepted wear and tear. Such a motivation appears to be both rational and justified."
V. Disposition.
We agree with the district court and conclude that the System's decision, that Branson is not entitled to accidental disability retirement benefits under Iowa Code section 411.6(5)(a), is supported by substantial evidence and that the statute was applied correctly. We affirm the judgment of the district court.
AFFIRMED.
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