Com., Office of Comptroller v. Barker, Record No. 070720.

Citation659 S.E.2d 502,275 Va. 529
Decision Date18 April 2008
Docket NumberRecord No. 070720.
PartiesCOMMONWEALTH of Virginia, OFFICE OF the COMPTROLLER v. Vickie H. BARKER.
CourtSupreme Court of Virginia

Cynthia H. Norwood, Assistant Attorney General (Robert F. McDonnell, Attorney General, on briefs), for appellant.

Michael A. Kembach, Fairfax (Esther S. McGuinn, Lynchburg; Burgess, Kernbach & Perigard, Fairfax, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice G. STEVEN AGEE.

The Comptroller of the Commonwealth of Virginia ("Comptroller") appeals from the judgment of the Circuit Court of Pittsylvania County that made an award to Vickie H. Barker under Code § 9.1-402(A) as well as health insurance premiums and benefits pursuant to Code § 9.1-401. The Comptroller contends that the circuit court erred in making any award under Code § 9.1-402, and consequently, in making an award under Code § 9.1-401. In the alternative, the Comptroller argues if any amount is payable under Code § 9.1-402, an award can only be made pursuant to former Code § 9.1-402(B).1 For the reasons set forth below, we will affirm in part and reverse in part the judgment of the circuit court.

I. RELEVANT FACTS AND PROCEEDINGS BELOW

This case arises under the Virginia Line of Duty Act, Code § 9.1-400 et seq. (the "Act"). Barker is the surviving spouse of Terry Lee Barker, Sr. ("Decedent"), who died on December 8, 2004 from a cardiac arrest while driving his police vehicle in the course of his employment as a deputy sheriff with the Pittsylvania County Sheriff's Department. Before the Decedent began his employment with the Sheriff's Department, he submitted to a pre-employment physical examination which "listed a diagnostic data etiologic reference to diabetes and hypertension," but "there was no finding of heart disease." The death certificate listed Decedent's cause of death as atherosclerotic heart disease.

Barker filed a claim for death and health insurance benefits with the Comptroller pursuant to the Act. The Comptroller denied Barker's claim, stating that Decedent's "pre-employment physical revealed that he suffered from hypertension prior to being hired by the Pittsylvania County Sheriff's Office. Therefore, the presumption clauses [of Code § 65.2-402] do not apply and I must deny your request for line of duty benefits." Barker then filed a complaint in the circuit court pursuant to Code § 9.1-405 for review of the Comptroller's decision. In her complaint, Barker contended she was entitled to line of duty benefits under the Act by virtue of the presumption in Code § 65.2-402. The Comptroller responded, and the circuit court elected to decide the case based on the pleadings after the parties agreed the facts were not in dispute.

By letter opinion, the circuit court adopted Barker's proposed findings of fact which included a summary of Decedent's medical history, a summary of the de bene esse deposition of Richard A. Schwartz, M.D., who was qualified as an expert in the area of medicine and cardiology, medical records from Decedent's pre-employment physical examination, and medical and investigation reports relating to Decedent's death. A specific finding of fact was that the Decedent "died on the job from a cardiac arrest, and the Report of Investigation by [the] Medical Examiner listed his cause of death as atherosclerotic heart disease."

Investigator Lonnie F. Craft from the Department of State Police completed the investigation report for Barker's claim pursuant to Code § 9.1-403. Craft's report indicated that on December 8, 2004, Decedent was "repositioning a surveillance camera at an area where deer carcasses were being dumped." This task involved jumping across a four-foot ditch while carrying a fifty-pound battery. After completing this assignment, Decedent was driving his police car, with another officer as a passenger, when he "suffered a heart attack" and died later that day. According to the investigation report, "[t]he facts determined during this investigation indicate that this death was line of duty related." Dr. Schwartz testified that the cause of Decedent's death was "coronary artery disease" commonly known as a "heart attack," and that Decedent's pre-employment physical examination revealed "no pathologic evidence of hypertensive cardiac disease."

The circuit court's letter opinion stated the court had considered the evidence, the findings of fact and memoranda of the parties, and determined that "the Comptroller has misinterpreted the plain language of [Code § 65.2-402]."

Assuming, but not determining, that [Decedent] was found to be suffering from hypertension at the time of his physical, Barker is still entitled to the presumption. At the time of his physical he was free from respiratory diseases, cancer and heart disease. He did not die of hypertension. He died of atherosclerotic heart disease. Since [Decedent] died from [h]eart disease, not hypertension, Barker is entitled to the presumption afforded by [Code § 65.2-402(B)].

The circuit court concluded by stating that "Barker is entitled to the benefits resulting from the death of [the Decedent] while in the line of duty." The circuit court then entered a final order on January 11, 2007, which incorporated the letter opinion and gave judgment in favor of Barker for $75,000 under Code § 9.1-402(A). The judgment also directed the Comptroller to reimburse Barker for "all of her paid health insurance premiums since the death of her husband" and "to secure and provide health insurance benefits available to . . . a spouse of a deceased employee covered by the Line of Duty Benefits Plan of the Commonwealth of Virginia." We awarded the Comptroller this appeal.

II. STANDARD OF REVIEW

This appeal presents a matter of statutory interpretation and is subject to de novo review by this Court. Wright v. Commonwealth, 275 Va. 77, 80-81, 655 S.E.2d 7, 9 (2008).

When interpreting statutes, courts "ascertain and give effect to the intention of the legislature." That intent is usually self-evident from the words used in the statute. Consequently, courts apply the plain language of a statute unless the terms are ambiguous, or applying the plain language would lead to an absurd result.

Boynton v. Kilgore, 271 Va. 220, 227, 623 S.E.2d 922, 925 (2006) (citations omitted).

III. ANALYSIS

On appeal, the Comptroller makes four assignments of error. First, the Comptroller contends that the circuit court erred when it awarded $75,000 to Barker pursuant to Code § 9.1-402(A). Second, the Comptroller argues the circuit court erred by granting Barker "the presumption offered by Code § 65.2-402 . . . because [Decedent] was diagnosed with hypertension at his pre[-]employment physical examination." Additionally, the Comptroller contends the circuit court "erred in failing to afford the proper weight to the interpretation of [Code] §§ 65.2-402 and 9.1-402(A) and (B)." Finally, the Comptroller posits that the circuit court erred by awarding Barker health insurance benefits under Code § 9.1-401.

We first address the Comptroller's assignment of error regarding the circuit court's "fail[ure] to afford the proper weight to the interpretation of [§§] 65.2-402 and 9.1-402(A) and (B) by the . . . Comptroller." Although "the practical construction given to a statute by public officials charged with its enforcement is entitled to great weight by the courts and in doubtful cases will be regarded as decisive," Southern Spring Bed Co. v. State Corp. Comm'n, 205 Va. 272, 275, 136 S.E.2d 900, 902 (1964), "when an issue involves a pure question of statutory interpretation, that issue does not invoke the agency's specialized competence but is a question of law to be decided by the courts." Alliance to Save the Mattaponi v. Commonwealth, 270 Va. 423, 442, 621 S.E.2d 78, 88 (2005). The circuit court's review of the Comptroller's decision solely involved matters of statutory interpretation and did not rely on the Comptroller's "specialized competence." Id. Thus, the circuit court was not required to give any weight to the Comptroller's interpretation of the statute, and the assignment of error on this issue is without merit.

A. Application of Code § 9.1-402(A)

The Comptroller contends that Barker was not entitled to receive an award under Code § 9.1-402(A), and the circuit court's judgment making that award is reversible error. The Comptroller argues that the evidence failed to establish a direct or proximate causal connection between Decedent's death and any employment-related work performed by Decedent which caused his death. In the absence of that evidence, the Comptroller contends Barker failed to prove a claim under Code § 9.1-402(A) as a matter of law because Decedent's "death merely occurred while he was working, but was not the immediate result of the work he was performing."

Barker responds that "[t]he evidence establishes and the [t]rial [c]ourt found that [Decedent's] death was the direct and proximate result of the performance of his duty." Barker insists that the presumption of Code § 65.2-402(B) applies to the court's analysis of benefits payable under Code § 9.1-402(A), and that Barker was therefore entitled to receive the $75,000 award.2 We agree with the Comptroller and hold that the circuit court erred in making an award to Barker pursuant to Code § 9.1-402(A).

Code § 9.1-402(A) provides, in pertinent part, that "[t]he beneficiary of a deceased person whose death occurred . . . while in the line of duty as the direct or proximate result of the performance of his duty shall be entitled to receive the sum of $75,000." Code § 65.2-402(B) provides, in pertinent part,

Hypertension or heart disease causing the death of . . . sheriffs and deputy sheriffs . . . shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.

Subsection (D) of that statute provides, in...

To continue reading

Request your trial
28 cases
  • Gordon v. Ford Motor Co.
    • United States
    • Virginia Court of Appeals
    • March 31, 2009
    ... ... FORD MOTOR COMPANY ... Record No. 0364-08-1 ... Court of Appeals of ... Barker, 275 Va. 529, 536, 659 S.E.2d 502, 505 (2008) ... ...
  • Prince William County Sch. Bd. v. Rahim
    • United States
    • Virginia Court of Appeals
    • July 12, 2011
  • Gordon v. Ford Motor Co.
    • United States
    • Virginia Court of Appeals
    • December 15, 2009
    ... ... FORD MOTOR COMPANY ... Record No. 0364-08-1 ... Court of Appeals of ... Barker, 275 Va. 529, 536, 659 S.E.2d 502, 505 (2008) ... ...
  • Paramont Coal Co. Virginia, LLC v. McCoy
    • United States
    • Virginia Court of Appeals
    • October 30, 2018
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT