Amber-Messick v. U.S.

• Citation: 483 F.3d 1316
• Decision Date: 17 April 2007
• Docket Number: No. 2006-5087.,2006-5087.
• Parties: Julie AMBER-MESSICK, Administratrix of the Estate of Christopher Kangas, deceased, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals for the Federal Circuit

483 F.3d 1316

Julie AMBER-MESSICK, Administratrix of the Estate of Christopher Kangas, deceased, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

No. 2006-5087.

United States Court of Appeals, Federal Circuit.

April 17, 2007.

Rehearing Denied May 11, 2007.

Frank W. Daly, Daly & O'Brien, P.C., of Media, PA, argued for plaintiff-appellee.

Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief were Rafael A. Madan, General Counsel, and Gregory C. Brady, Deputy General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Circuit Judge NEWMAN dissents.

SCHALL, Circuit Judge.

Julie Amber-Messick is the mother of Christopher Kangas, who was a fourteen-year old "apprentice firefighter" with the Brookhaven, Pennsylvania, Volunteer Fire Department ("Brookhaven Fire Department"). Following her son's death in a traffic accident, Mrs. Amber-Messick submitted a claim to the Department of Justice's Bureau of Justice Assistance ("BJA") seeking death benefits under the Public Safety Officers' Benefits Act of 1976 ("PSOBA" or "Act"), Pub.L. No. 94-430, 90 Stat. 1346 (codified as amended at 42 U.S.C. §§ 3796-3796c (2000)). After BJA denied her claim based on the conclusion that Christopher was not a "firefighter" under PSOBA, Mrs. Amber-Messick brought suit in the United States Court of Federal Claims. The parties then cross-moved for judgment based upon the administrative record.

The Court of Federal Claims granted judgment on the administrative record in favor of Mrs. Amber-Messick. The court ruled that BJA's denial of benefits was an arbitrary exercise of its authority and held that Mrs. Amber-Messick could recover under PSOBA because Christopher was a "firefighter" who had died "in the line of duty" within the meaning of the statute and implementing regulations. Messick v. United States, 70 Fed.Cl. 319, 332 (2006). Accordingly, the court entered judgment, awarding Mrs. Amber-Messick the sum of $250,000, adjusted in accordance with 42 U.S.C. § 3796(h).

The United States has appealed the Court of Federal Claims' decision. Because we conclude that the court erred in failing to defer to BJA's interpretation of "firefighter," the judgment in favor of Mrs. Amber-Messick is reversed. The case is remanded to the Court of Federal Claims with the instructions that it enter judgment in favor of the United States and dismiss the complaint.

BACKGROUND

I.

PSOBA provides a one-time cash payment to survivors of public safety officers who die in the line of duty. The program is administered by BJA. In relevant part, section 3796(a) states:

In any case in which the Bureau of Justice Assistance ... determines, under regulations issued pursuant to this part that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $ 250,000 ... as follows:

(1) if there is no surviving child of such officer, to the surviving spouse of such officer;

(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse (3) if there is no surviving spouse, to the child or children of such officer in equal shares;

(4) if there is no surviving spouse or surviving child, to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy, provided that such individual survived such officer; or

(5) if none of the above, to the parent or parents of such officer in equal shares.

42 U.S.C. § 3796(a) (2000) (amended 2006).

For a survivor or survivors to be entitled to payment, the public safety officer must have suffered a "personal injury" within the meaning of the Act, the injury must have been suffered "in the line of duty," and the death must have been "the direct and proximate result" of the personal injury. Id.; see also Cassella v. United States, 469 F.3d 1376, 1378 (Fed.Cir.2006); Yanco v. United States, 258 F.3d 1356, 1359 (Fed.Cir.2001). The 2000 version of the Act, applicable here, defined "public safety officer" as "an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew." 42 U.S.C. § 3796b(8) (2000) (current version at 42 U.S.C. 3796b(9) (2006)). The Act additionally defined "firefighter" as "includ[ing] an individual serving as an officially recognized or designated member of a legally organized volunteer fire department." 42 U.S.C. § 3796b(4) (2000 & Supp. II 2002).

The Act also sets forth specific restrictions upon entitlement. Section 3796a states in pertinent part:

No benefit shall be paid under this subchapter —

(1) if the death or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death or catastrophic injury;

. . . .

(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death or catastrophic injury.

42 U.S.C. § 3796a (2000).

II.

Christopher Kangas was a fourteen-year-old "apprentice firefighter" with the Brookhaven Fire Department. Messick, 70 Fed.Cl. at 321. The Brookhaven Fire Department authorized fourteen- and fifteen-year old apprentice firefighters to participate in training activities; to provide first aid care to victims at emergency scenes; to engage in canteen (food service) activities; to participate in a support capacity in connection with search and rescue operations, wild fires, hazardous materials incidents, and water supply operations; and to assist with clean-up activities, such as rolling hoses, putting away portable tools, and removing debris outside of fire buildings and collapse zones. Christopher, who had been an apprentice firefighter since May 15, 2001, was issued official firefighting equipment and had completed 58.5 hours of in-house training in a variety of areas related to firefighting. Id.

On May 4, 2002, an automobile struck Christopher at an intersection. At the time of the accident, Christopher was riding his bicycle from his house to the Brookhaven fire station in response to a fire alarm. Id. at 321-22. As a result of the accident, Christopher sustained serious injuries and died. Id. at 322. According to the November 20, 2002 report of the National Institute for Occupational Safety and Health ("NIOSH"), Christopher was not wearing a helmet and crossed the intersection without stopping at the stop sign.

III.

On May 28, 2002, Mrs. Amber-Messick filed a claim with BJA for PSOBA death benefits. Id. at 321. On September 11, 2002, BJA issued an initial determination denying the claim. Id. BJA determined that Christopher "was a trainee but did not possess authority to act as an official firefighter" and thus was not a "public safety officer" pursuant to PSOBA. Id. BJA noted that Christopher was only permitted to participate in training activities, to provide first aid care, to assist with clean-up activities, to support canteen activities, and to participate in a support capacity for operations such as searches and rescues. BJA also noted that Christopher "was not permitted to operate equipment or assist with fire suppression at fire scenes or enter hazardous atmospheres." Id.

On March 4, 2003, Mrs. Amber-Messick sought reconsideration of the initial denial of benefits. Id. In accordance with BJA regulations, the matter was referred to a Hearing Officer, who received evidence and held a hearing.¹ In his April 26, 2004 decision, the Hearing Officer sustained the initial denial of benefits based on his conclusion that Christopher was not a "firefighter" under PSOBA. Id. at 322. The Hearing Officer acknowledged that PSOBA did not define "firefighter" as one "engaged in the suppression of fires," but concluded that Congress intended the term "firefighter" to mean an individual "authorized to actively engage in the suppression of fires." Id. The Hearing Officer based his conclusion on the plain meaning of the term "firefighter"² as well as his interpretation of legislative intent.³ Id. Additionally, the Hearing Officer cited to the definition of "line of duty" in BJA's implementing regulations⁴ to support his conclusion that one must be authorized to fight or suppress fires to be a "firefighter" under the statute. Id. The Hearing Officer also noted that under Pennsylvania law,⁵ fourteen- and fifteen-year old junior firefighters are prohibited from being directly involved in the suppression of fires. Id.

On June 29, 2004, in accordance with 28 C.F.R. 32.24(i)(1)(i), Mrs. Amber-Messick requested that BJA reconsider the Hearing Officer's denial of death benefits. See 28 C.F.R. § 32.24(i)(1) (2002) ("A claimant determined ineligible by a hearing officer ... may, within 30 days after notification of the hearing officer's determination: (i) request the BJA Director to review the record and the hearing officer's determination....") (current version at 28 C.F.R. § 32.46 (2006)). On April 28, 2005, the Director of BJA, in the Final Agency Decision, affirmed the Hearing Officer's denial of benefits based on the conclusion that Christopher was not a "firefighter" or "public safety officer" within the meaning of PSOBA. Id. at 323. The Director additionally concluded that "[e]ven if Christopher were a `firefighter' within the meaning of the PSOB Act (which he was not), his tragic death did not occur in the line of duty, as defined in...