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Strynar v. Rahill3/28/2002
This appeal challenges the exclusivity of the statutory injured-on-duty (IOD) scheme for compensating municipal police officers who become incapacitated in the course of their employment. The plaintiff, Irving A. Strynar, a former detective with the City of Pawtucket's (city) Police Department, appeals from a Superior Court order granting a motion to dismiss his complaint for failure to state a claim on which relief could be granted.
The plaintiff apparently suffered from "severe emotional distress," which he alleged constituted a "work-related injury." He averred that defendants, who include the city's treasurer, police chief, and other municipal officials, improperly delayed in granting him his request for IOD benefits. As a result, he alleged, defendants forced him to use vacation and sick time, for which they did not credit him upon his eventual receipt of IOD benefits. In due course, defendants sought dismissal of the complaint on the ground that plaintiff had failed to state a claim upon which relief could be granted. General Laws 1956 chapter 19 of title 45 (the IOD statute), they argued, provides the exclusive remedy for municipal police officers who have alleged an incapacity to work because of an injury suffered in the line of duty. The Superior Court agreed and dismissed the complaint. On appeal, a single justice of this Court ordered the parties to show cause why we should not decide this case summarily. Because the parties have not done so, we proceed to decide the appeal at this time.
In Kaya v. Partington, 681 A.2d 256, 260 (R.I. 1996), this Court held that, with respect to work-related personal-injury claims, the IOD statute provides the exclusive remedy for municipal police officers seeking redress from their municipal employers, fellow officers, supervisors, and other municipal officers. The plaintiff argues that defendants are not immune from a civil action under Kaya because their alleged misconduct against him was intentional. He suggests that this Court's holding in Kaya only applies to negligence actions, but not to actions such as this one that are based upon alleged intentional misconduct. The defendants respond that, according to Kaya, the IOD statute provides the exclusive remedy for municipal police officers with respect to all work-related personal-injury claims against their superiors and other municipal officers -- including claims for intentional misconduct -- and that, therefore, any civil action seeking common-law remedies against such defendants for this type of alleged misconduct is barred.
We are of the opinion that Kaya controls the outcome of this appeal. In Kaya, a police officer filed suit against the city and other municipal officers for injuries he suffered in the course of his employment. He alleged that the defendants acted "negligently, willfully, and intentionally" in failing to provide him with the proper riot gear when his superior officer dispatched him to disperse an unruly crowd. Kaya, 68 A.2d at 258. This Court concluded that the IOD statute was intended to provide the exclusive remedy for claims against the police officer's employer, fellow officers, superior officers, and officers of the municipal corporation. Id. at 260. Thus, under Kaya, the exclusivity of the statutory IOD remedy also applies to claims of intentional misconduct.
The plaintiff next contends that the IOD statute violates the federal and state constitutions because it does not give police officers an "opt out provision" such as the one that is available to employees under workers' compensation law. See G.L. 1956 § 28-29-17. Contrary to defendants' assertion, however, the record shows that, pursuant to G.L. 1956 § 9-30-11, plaintiff provide
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