Norman v. City of Whitefish, 92-437

• Docket Nº: No. 92-437
• Citation: 852 P.2d 533, 258 Mont. 26
• Case Date: April 28, 1993
• Court: United States State Supreme Court of Montana

Page 533

852 P.2d 533 258 Mont. 26 Lester D. NORMAN, Plaintiff and Appellant,
v.
CITY OF WHITEFISH, and Trustees of City of Whitefish Police
Retirement Fund, Defendants and Respondents. No. 92-437. Supreme Court of Montana. Submitted on Briefs Jan. 14, 1993.
Decided April 28, 1993.

Page 534

[258 Mont. 27] John H. Bothe and Laurie Wallace, Bothe & Lauridsen, Columbia Falls, for plaintiff and appellant.

Donald E. Hedman, Hedman, Hileman & LaCosta, Whitefish, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the Eleventh Judicial District, Flathead County, the Honorable Michael H. Keedy presiding. Appellant Lester Norman (Norman) appeals from a judgment of the District Court denying his claim for police disability retirement benefits. We affirm.

[258 Mont. 28] The issue on appeal is whether the District Court erred in affirming the Whitefish City Council's denial of Norman's claim for police disability retirement benefits. We note that this appears to be a case of first impression regarding the applicable statutes.

Norman served as a reserve police officer with the Whitefish Police Department from 1969 until 1973, at which time he entered a full-time position with the department. He left the department in 1975, but returned again in 1979 as a reserve officer. He became a full-time officer again in 1984 and worked as a full-time officer until March 16, 1988, when he quit the department.

During the course of his employment, Norman was involved in two automobile accidents. The first occurred on November 16, 1980, while he and a fellow officer pursued another vehicle. The car Norman was driving slid off an embankment, and Norman hit his head on the ceiling of the car. He filed a workers' compensation claim that was accepted by the City of Whitefish, which was self-insured. The second accident occurred February 12, 1987, when the car he was driving slid on the ice and struck a snow bank as he turned the corner on a city street. Norman hit his head and shoulder against the door frame and window of the car. The city also accepted a workers' compensation claim for this accident and paid his medical expenses. Norman suffered no wage loss from either accident and continued to work after the 1987 accident until March 16, 1988, when he quit the department due to stress and anxiety problems.

In an affidavit submitted into evidence, Norman stated that he "became very nauseous and jittery feeling" while patrolling that day. He stated that he became ill and told the city manager that he was very sick and had to leave because of his nerves. He told the city manager that he could not take any more of the treatment he had received on the force. It appears, though, that Norman had decided to leave the police department before his shift started. According to a voluntary statement given by the officer whom Norman relieved of duty that day, Norman informed him at the beginning of the shift that he was leaving the department. The officer made this statement to the chief of police on the day Norman quit.

The "treatment" Norman referred to in his affidavit related to a history of tension between him and other officers and the police chief. He had been denied promotion twice in the eight months before he quit. Also, Norman had complained of abuses occurring in the department such as mistreatment of prisoners and excessive use of force by other officers. He claims

Page 535

his relationship with the chief and other [258 Mont. 29] officers, the incidents of abuse he witnessed, and the fact that he did not believe anyone was acting on his complaints elevated his pre-existing anxiety problems to a disabling level.

He then petitioned the Whitefish City Council for police disability retirement benefits on the basis of anxiety-stress syndrome. The city council held a meeting on June 27, 1988, and on July 18, 1988, voted unanimously to deny the request. In November 1988, Norman filed the present action in District Court seeking benefits and claiming that the stress and pressure he experienced at work caused the anxiety problems that led him to quit working.

On or about December 5, 1989, Norman filed a petition in Workers' Compensation Court seeking temporary total disability benefits, claiming that a cervical disk injury was related to the automobile accident of February 12, 1987. In August 1990, the Workers' Compensation Court denied that claim, concluding that Norman had not met his burden of showing "that his current '... ability to engage in gainful employment is diminished ...' by his February 12, 1987 accident." The Workers' Compensation Court added, "If anything, the evidence is overwhelming that claimant's anxiety disorder is his predominant disabling condition." This Court affirmed the Workers' Compensation Court in Norman v. City of Whitefish (1991), 248 Mont. 490, 812 P.2d 1259.

In December 1989, Norman filed another petition with the Whitefish City Council seeking police retirement disability benefits. This petition included the anxiety-stress claim and a claim for benefits due to herniated discs in his cervical spine. The city council denied this petition also. On May 4, 1990, Norman filed an amended complaint in District Court adding the herniated disk claim.

The District Court held a hearing on May 24, 1991. After reviewing numerous depositions and Norman's extensive medical records, the court issued its findings of fact, conclusions of law, and judgment on May 18, 1992. The court made extensive findings as to both the cervical disk injury and the anxiety-stress problem. The District Court concluded that the findings and conclusions of the Workers' Compensation Court regarding the cervical disk injury were res judicata. As to the anxiety disorder, the court concluded that it was "not caused by injuries or disabilities in the active discharge of his duties as a police officer, but [was a] pre-existing condition[ ] for which Plaintiff had been treated many times...." The District Court, therefore, affirmed the city council's denial of benefits.

As for the cervical disk injury, Norman claims the court erred in concluding that the Workers' Compensation Court's decision had res [258 Mont. 30] judicata effect on the proceeding in the District Court. He argues that the elements of res judicata have not been satisfied and that in considering...