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Divided appeals court affirms disabled firefighter’s enhanced PERF benefit

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A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.

The appeals court ruled that Marion Superior Judge Michael Keele did not err when ruling that Paul Bryson was entitled to “level 1” disability benefits from the Indiana Professional Employees Retirement Fund. Keele’s ruling came after Bryson appealed a determination by an administrative law judge that Bryson was entitled to lesser “level 2” benefits because he had a pre-existing back condition that contributed to injuries he sustained on the job.

Chief Judge Margret Robb wrote for the majority in Indiana Public Employee Retirement Fund v. Paul Bryson, 49A04-1201-MI-2. “We conclude that a fund member who was able to perform his job duties before an on-duty injury despite having a pre-existing condition or health issue that preceded the on-duty injury, and who becomes unable to perform his job duties only after sustaining an on-duty injury, has an impairment that is the ‘direct result’ of the physical injury or injuries sustained while on duty."

Bryson’s “covered impairment is the ‘direct result’ of his three on-duty personal injuries for the purposes of Indiana Code section 36-8-8-12.5(b)(1) and the trial court did not err in setting aside PERF’s determination otherwise,” Robb wrote.

Judge Cale Bradford dissented. He wrote that the majority interpreted the statute correctly, but he disagreed that Bryson’s covered impairment met the "direct result" standard. Bradford said the record shows Bryson is unable to continue to work as a firefighter because of pain from his pre-existing condition.

“Given Bryson’s safety-sensitive position as a firefighter, this risk renders him unable to perform the duties of his employment. The record supports the conclusion that, among other things, Bryson’s work as a firefighter generally contributed to his degenerative disc disease. Therefore, he should be entitled to Class 2 coverage,” Bradford wrote. “I would reverse the trial court’s judgment and affirm the agency’s decision on these other grounds.”



 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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