Rossi v. Employees' Retirement System

• Decision Date: 13 April 2006
• Docket Number: No. 2004-364-M.P.,2004-364-M.P.
• Citation: 895 A.2d 106
• Parties: Jeanne ROSSI v. EMPLOYEES' RETIREMENT SYSTEM of the State of Rhode Island et al.
• Court: Rhode Island Supreme Court

895 A.2d 106

Jeanne ROSSI v. EMPLOYEES' RETIREMENT SYSTEM of the State of Rhode Island et al.

No. 2004-364-M.P.

Supreme Court of Rhode Island.

April 13, 2006.

Kenneth Haupt, Providence, Esq., for Plaintiff.

William E. O'Gara, Esq., Providence, for Defendant.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.

OPINION

Justice FLAHERTY, for the Court.

The petitioner, Jeanne Rossi, seeks review of a Superior Court judgment that affirmed the denial of her application for an accidental disability pension. In 1992, Rossi was injured while working at the Rhode Island Training School, a correctional facility for juvenile offenders. She resumed work in 1999, but began to suffer headaches and debilitating pain in her neck, back, and shoulders—that she claimed were related to her 1992 injury. Pursuant to G.L.1956 § 36-10-14, Rossi applied for accidental disability retirement. The respondent, Employees' Retirement System Board (retirement board or board), denied her application because she was unable to identify a specific incident that aggravated her 1992 injury. After exhausting the administrative appeal process, Rossi filed a complaint in the Superior Court, but a justice of that tribunal affirmed the board's decision.

Seeking a review of the Superior Court's decision, Rossi then petitioned this Court for a writ of certiorari, which we granted on April 15, 2005. For the reasons set forth herein, we quash the judgment of the Superior Court and remand the case to the retirement board with instructions to conduct a hearing on Rossi's application for a disability pension consistent with this opinion.

I Factual Background

On April 18, 1992, Rossi was working as a juvenile program worker at the training school when she attempted to stop one of the juvenile residents from escaping. During the ensuing melee, she was struck in the face with a heavy gate and sustained injuries, which included a broken nose, broken teeth, and injuries to her neck and back. Because of her injuries, Rossi was unable to go back to work until June 11, 1999.

When Rossi finally resumed employment, she did so in a light-duty capacity because her neck was still fragile from the 1992 injury. Her new position, in the facility's control center, required her to view closed-circuit television monitors and control the opening and closing of gates to ensure that the facility remained secure. Much of Rossi's work day was spent standing and looking up toward the monitors that were positioned above her head. She also had to reach for the buttons that controlled the various security gates. In time, Rossi began to experience pain in her neck, shoulders, and arms, and to suffer severe headaches, symptoms that she believed were the result of constantly looking up and stretching her arms and neck. She took ibuprofen to cope with her pain and continued to work, even though her pain was becoming increasingly difficult to bear.

On June 23, 2000, approximately one year after resuming work, Rossi's condition had worsened to a point where she felt she no longer could function in her job. She filled out an injury report describing her condition, stating that she was experiencing headaches as well as pain in her neck that radiated to her arms, wrists, and back. In response to a question asking her to describe the incident causing her injury, she wrote that "[t]here wasn't one specific incident," and that "[t]he problem had developed over a period of time."

Pursuant to § 36-10-14, Rossi filed an application to receive an accidental disability pension on February 20, 2002. Consistent with the application process, the retirement board directed Rossi to be examined by three independent physicians of its choosing. Doctor William S. Buonanno examined Rossi and opined that her condition was related to the 1992 accident and that the subsequent aggravation was brought on when she returned to work. He also said that it was unlikely that her condition would improve and that she could not resume her normal duties at work. This opinion was mirrored by that of Dr. Kenneth J. Morrissey, who also examined Rossi at the behest of the retirement board. Like Dr. Buonanno, Dr. Morrissey concluded that Rossi's condition emanated from the 1992 accident and that she had aggravated the condition when she returned to work. He opined that Rossi might be able to resume work in a different capacity, but that she was "permanently disabled" from doing her normal job. The third and final examining physician, Dr. William F. Garrahan, reported that Rossi appeared to have "residual complaints with the cervical spine injury sustained in 1992." He surmised, however, that Rossi might be able to resume work in a different capacity, and his report indicated that Rossi was "not completely disabled, just merely disabled from physical contact."

With these medical reports in hand, the retirement board's disability subcommittee reviewed Rossi's application and concluded that she did not qualify for an accidental disability pension. In a written decision dated July 9, 2002, the subcommittee noted that "Rossi does not identify any specific incident that caused the aggravation or reinjury of her condition upon returning to work." The subcommittee concluded its decision by stating:

"Rossi did not file an application within five years of the 1992 incident involving an attempted escape by a juvenile. Therefore, in order to qualify for an accidental disability pension, Rossi must demonstrate that she applied within three years of reinjuring or aggravating that injury. After a thorough review of the medical reports of three independent physicians and the other materials submitted by Rossi, the subcommittee concludes that there is no evidence that Rossi sustained an aggravation or reinjury within three years of the filing of this application. Therefore, her application for an Accidental Disability Pension is denied."

After the disability subcommittee denied a request for reconsideration, Rossi appealed to the retirement board. A hearing was conducted on May 14, 2003, and much of the questioning focused on Rossi's inability to identify a specific incident that aggravated her 1992 injury.¹ The board noted that § 36-10-14 requires a specific incident because otherwise it would be impossible to determine when the statute of limitations for filing a claim begins to run. After hearing Rossi's testimony and considering the arguments of counsel, the board unanimously voted to affirm the denial of her claim.

Rossi next appealed to the Superior Court, seeking review of the board's decision in accordance with the Administrative Procedures Act, as set forth in G.L.1956 § 42-35-15. Despite a finding that "the evidence clearly demonstrates that Rossi is suffering from a disability," the court nevertheless affirmed the retirement board's decision because Rossi was unable to identify a specific incident causing aggravation of the 1992 injury.

II Standard of Review

The Superior Court's review of an administrative decision is governed by the Administrative Procedures Act. Section 42-35-15(g) of the act provides that:

"The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

"(1) In violation of constitutional or statutory provisions;

"(2) In excess of the statutory authority of the agency;

"(3) Made upon unlawful procedure;

"(4) Affected by other error or law;

"(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

"(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion."

When this Court reviews the judgment of the Superior Court in administrative proceedings, our review is limited to questions of law. Section 42-35-16 ("Review by supreme court"); Johnston Ambulatory Surgical Associates, Ltd. v. Nolan, 755 A.2d 799, 805 (R.I.2000). "Questions of law determined by the administrative agency are not binding upon us and may be freely reviewed to determine the relevant law and its applicability to the facts presented in the record." State Department of Environmental Management v. State Labor Relations Board, 799 A.2d 274, 277 (R.I.2002) (citing Carmody v. Rhode Island Conflict of Interest Commission, 509 A.2d 453, 458 (R.I. 1986)). Although factual findings of an administrative agency are afforded great deference, a dispute involving statutory interpretation is a question of law to which we apply de novo review. In re Advisory Opinion to the Governor, 732 A.2d 55, 60 (R.I.1999) (citing City of East Providence v. Public Utilities Commission, 566 A.2d 1305, 1307 (R.I.1989)).

III Analysis

The single issue before this Court is whether a person who suffers a work-related injury and aggravates the same injury after resuming work must identify a specific incident causing the aggravation to qualify for an accidental disability pension under § 36-10-14. Rossi maintains that she is entitled to an accidental disability pension because the retirement board, and subsequently the Superior Court, committed an error of law by construing § 36-10-14 to require that she identify a discrete occurrence causing the aggravation of her 1992 injury. According to her, this reading of the statute is incorrect. Section 36-10-14 provides as follows:

"Retirement for accidental disability. — (a) Medical examination of an active member for accidental disability and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith shall be made upon the application of the head of the department in which the member is employed or upon application...