A guard at a state prison was stabbed eight times by an inmate, suffering 44 percent permanent disability to his neck and psyche. As a result, he accepted a demotion to an entry level computer analyst position in the information technology department of the prison medical unit, giving up his peace officer status. He had trouble in that position, and was told that he was not passing probation, and subsequently committed suicide by shooting himself. An intermediate California appeals court ruled that because the Workers Compensation Appeals Board found that the death had an "industrial cause," it was error to simply award a workers' compensation death benefit to the surviving spouse, since the special death benefit provisions for Public Employees' Retirement System (PERS) members who were peace officers were applicable, and there should have been a joint calculation of the workers' compensation and PERS death benefits due to the surviving spouse. Dept. of Corrections and Rehabilitation v. WCAB, #C078345, 2015 Cal. App. Lexis 638.
     A woman was married to a man for 40 years before his death. During the last six years of his life, he was a civilian federal employee, entitling his widow to Basic Employee Death Benefits under 5 U.S.C. Sec. 8442(b)(1)(A). She died, however, before signing or filing an application to receive those benefits. Her son, the co-administrator of her estate, completed, signed, and filed such an application on her behalf after her death. A federal appeals court upheld the denial of the application, finding that it had to be filed before her death. A representative may only file an application on behalf of a living person. Devlin v. Office of Pers. Mgmt., #14-3018, 2014 U.S. App. Lexis 17612 (Fed. Cir.).
     Three consolidated cases brought before the highest court in New York involved officers who responded to try and assist at the site of the terrorist attacks on the World Trade Center on September 11, 2001. The surviving spouse of an officer who died there asserted a claim for line of duty death benefits, and two officers who survived sought accidental disability retirement benefits. The pension fund argued that it had rebutted the statutory presumption for responders at the scene of the attack that an officer's disability or death as a result of a qualifying condition was caused by his or her exposure at the World Trade Center site for purposes of benefit upgrades. The court held that the fund did not meet the burden of disproving that the death or the disabilities were not related to their work at the site. Bitchatchi v. N.Y. City Police Dep't Pension Fund Bd. of Trustees, #219, 2012 N.Y. Lexis 3635, 2012 NY Slip Op 8566.
     Rhode Island Supreme Court upholds surviving spouse claim for pension benefits of a deceased firefighter. The couple lived as husband and wife for 35 years but never formally married. Fravala/Phillips v. City of Cranston, #2009-197, 996 A.2d 696, 2010 R.I. Lexis 91.
     Appellate court reinstates a federal death benefit claim. A medical examiner purportedly falsified the cause of death of a Florida firefighter as due to "natural causes." A revised autopsy report speculates that the cause was smoke inhalation "either by itself or as a triggering agent for a heart attack or a cardiac arrhythmia." Moreover, the deceased had inhaled smoke during the fire, and his electrocardiogram was not consistent with a heart attack. Woodward v. Dept. of Justice, #2009-8004, 2010 U.S. App. Lexis 5300, 598 F.3d 1311 (Fed. Cir.).
     Widow of a Chicago police officer who died only 12 days after they were married is not entitled to annuity benefits. In Illinois, the surviving spouse must be married at least one year. Kaczka v. Retirement Board, #1-09-1283, 2010 Ill. App. Lexis 160.
     Federal PSOBA payments to a statutory beneficiary of a law enforcement officer who is killed in the line of duty are payable to the claimant's estate, if the beneficiary dies before the claim is fully processed. However, the beneficiary must still be alive and file a claim after the death of the officer. White v. U.S., #007-5126, 2008 U.S. App. Lexis 007-5126 (Fed. Cir.).
     An EMT who was an "associate fire fighter" and was killed while providing emergency medical assistance during the Sept. 11th terrorist attacks was a public safety officer within the meaning of Public Law 107-37,115 STAT. 219 (2001). Winuk v. United States, #06-770C, 2007 U.S. Claims Lexis 199, 77 Fed. Cl. 207.
     A private helicopter pilot and a private air tanker pilot who were killed in separate incidents while flying fire suppression missions were not "public safety officers" under the Public Safety Officers' Benefits Act, 42 U.S. Code § 3796 and their the survivors were not entitled to federal death benefits. Groff v. U.S., #2006-5141, 2007 U.S. App. Lexis 15821 (Fed. Cir.).
     The Public Safety Officers' Benefits Act does not provide death benefits for the relatives of private contractor pilots that died while assisting in fire suppression operations. They were not public safety officer within the meaning of PSOBA. Groff v. U.S., #2006-5141, 2007 U.S. App. Lexis 15821 (Fed. Cir.).
     Federal appellate court reverses a court of claims decision awarding $250,000 in federal death benefits to a 14-year-old "apprentice" firefighter that was killed at an intersection collision while riding his bicycle to the fire station in response to an alarm. "The ordinary, common meaning of the term firefighter as a person who fights fires is consistent with [the Government's] interpretation of firefighter." Amber-Messick v. U.S., #2006-5087, 2007 U.S. App. Lexis 8699 (Fed. Cir.).
     Appellate court reverses and rules against the surviving spouse of a school zone officer who was killed while directing school traffic; she sought survivor benefits under the Public Safety Officers' Benefits Act of 1976. The statute's intent was to include only those who enforce criminal law, and the officer was not trained or certified as a law enforcement officer. Cassella v. United States, #06-5035, 2006 U.S. App. Lexis 29508 (Fed. Cir. 2006) affirming 68 Fed. Cl. 189 (2005). [N/R]
     A part-time special school zone police officer was not a "law enforcement officer" as defined in the federal public safety officer death benefits act. Cassella v. U.S., #06-5035, 2006 U.S. App. Lexis 29508 (Fed Cir. 2006) affirming 68 Fed. Cl. 189 (2005). {N/R}
     Federal appeals court rejects a federal, line of duty, death benefits claim for a volunteer member of a sheriff's posse that was fatally thrown from her horse, because: (1) there was no evidence that the deceased had authority to enforce criminal law; (2) the rounding up of wild horses is not an activity involving enforcement of the criminal law under the Public Safety Officers' Benefits Act, 42 U.S. Code §§ 3796; (3) the deceased was not authorized to carry firearms or to exercise police power, and (4) she had received no formal police training. Hawkins v. U.S., #06-5013, 2006 U.S. App. Lexis 28469 (Fed. Cir. 2006). {N/R}
     Missouri appellate court holds that the family of an off-duty police officer, who was killed while working secondary employment as a security guard, could collect workers comp. benefits from the police dept. Because of the dual employment, the family could choose which employer would be liable. Leach v. Kansas City Bd. of Police Cmsnrs., #WD61913, 2003 Mo. App. Lexis 1743 (2003). {N/R}
     Congress establishes a benefit fund for federal agents and service members killed while combating terrorism. H.R. 5005, Sec. 601, "Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations." [2003 FP Feb]
     New law allows federal benefits for designated life insurance beneficiaries, including domestic partners, of unmarried and childless police officers or firefighters who are killed in the line-of-duty. The amendment to the Omnibus Crime Control and Safe Streets Act of 1968 removes a condition that payment of the $250,000 benefit is limited to the spouse or children of the deceased. The amendment also extends survivor death benefits to chaplains volunteer or public fire or police departments. The law now allows same and opposite gender domestic partners to receive survivor benefits if they are listed as life insurance beneficiaries, and there is no surviving spouse or children.. H. R. 3297 enacted as Pub. L. No. 107-196 (6-24-2002). {N/R}
     Federal appeals court holds that the DoJ, in determining eligibility for a $100,000 federal death benefit, was not obliged to adopt the findings of a police report that concluded the deceased was killed in the line-of-duty. The deceased, who was off-duty and driving to work in his personal vehicle, was struck by a car being chased by other officers. The DoJ denied benefits, based on a finding that the deceased was unaware of the chase, and was not attempting to assist the other officers. The appeals court reversed a Court of Federal Claims decision that had overturned the DoJ determination. Demutiis v. U.S., #01-5041, 2002 U.S. App. Lexis 10259 (Fed. Cir. 2002). [N/R]
     Supreme Court declines to review an appellate holding that rejected federal death benefits for the widow of a police officer who killed himself due to job-related stress. Yanco v. U.S., #00-5058, 258 F.3d 1356 (Fed. Cir. 2001); rev. den., #01-674, 122 S. Ct. 921, 2002 U.S. Lexis 530 (2002). [2002 FP Apr]
     Widow of police officer, who was receiving disability pension benefits at the time of his unrelated death, was entitled to a widow's compensation only if she can establish that her husband's disability would have prevented him from ever returning to active duty as a police officer. The Board must conduct an evidentiary hearing to give her an
     opportunity to present such evidence. Swoope v. Retirement Bd., #1-00-0908, 323 Ill. App.3d 526, 752 N.E.2d 50, 2001 Ill. App. Lexis 440 (June 15, 2001). {N/R}
     Federal court in Georgia rules that a police captain who murdered her husband is the only person entitled to sue for his wrongful death. Carringer v. Tessmer, No. 5:00-CV-14 (M.D.Ga.); Fulton Co. Daily Rep. 5/23/2000. [2000 FP 100]
     Illinois appellate court ignores a beneficiary designation, and allows the first wife to collect, as required in marital dissolution decree. Smithberg v. IL Mun. Retir. Fund, # 3-98-0983, 306 Ill.App.3d 1139, 716 N.E.2d 316, 1999 Ill. App. Lexis 578. [2000 FP 22]
     Family of detective who was fatally shot at lunch time by a former business partner receives $100,000 city death benefit, because city council agreed that police officers are "on duty" at all times. Montion v. City of El Paso, El Paso Co. Dist. Ct. (1990).
     Death benefits could not be reduced by amount of federal benefits; supremacy clause prevails. Rose v. Arkansas State Police, 107 S.Ct. 334 (1986).
     Estate of job-stressed worker who killed himself entitled to worker's death benefits in Pennsylvania. Alleghany L.S.C. v. Workmen's Comp. App. Bd., 498 A.2d 3 (1985).
     Death benefits awarded estate of off-duty officer who was shot outside corporate limits. Dept. required him to carry weapon and ID while off-duty. Jordan v. St. Louis Co. Police Dept., 699 S.W.2d 124 (Mo.App. 1985).
     Widow who lost pension on remarriage again entitled to a pension when the marriage ended by divorce. City of Henderson police and Fireman Pension Board v. Riley, 674 S.W.2d 27 (Ky. App. 1984).
     A New Jersey appellate court has upheld mandatory fitness tests; they were not a proper subject for bargaining or arbitration. Twp. of Bridgewater v. P.B.A. Local 174, (N.J. App. 1984).
     Gay man gets $250,000 "widow's" benefits for death of his male lover, a public employee. Appeal of Earl H. Donovan, 12/12/83. Worker's Comp. App. Bd., Los Angeles.
     Children of deceased employee must lose benefits on remarriage of mother; lower court holding that cut-off was unconstitutional overturned. Board of Trustees of Policemen's and Firemen's Retirement Fund v. Cardwell, 400 So.2d 402 (Ala. 1981); Skagen v. New York, 437 N.Y.S.2d 497 (Misc. 1981).
     Widow entitled to death benefits if her marriage is annulled, but not on divorce. Skagen v. New York City Employees Retir. system, 437 N.Y.S.2d 497 (Misc. 1981).
     A mandatory physical fitness program was upheld by New Hampshire public employee labor relations board; it was not a term or condition of employment. Local 1312 Int. Assn. of Fire Fighters v. City of Dover Fire Dept., Case #F-0102:1, Decision #79021 (NH PELRB 1979).
     Heart attack ruled "accidental death" due to presence of toxic gases at fire and absence of preexisting heart disease. In Matter of Iannelli, 384 A.2d 1104, 157 N.J. Super. 324 (1978).
     Fatal lunch hour collision does not entitle family to duty related death benefits; use of department vehicle irrelevant. Allen v. State Accident Insurance Fund, 564 P.2d 1086 (Ore. App. 1977).
     New York rules that fire and police heart laws may be overcome by history of cardiac disease. De Leon v. Levitt, 409 N.Y.S.2d 456 (A.D. 1978).
     Heart attack suffered by police captain during a disturbance not accidental; pre-existing conditions present. Hill v. State of New Jersey Div. of Pensions, 160 N.J. Super. 382, 390 A.2d 131 (A.D. 1978).
     Legislature can treat widows and children of firefighters differently from police officers; discrimination not unconstitutional. Davis v. Retirement Board, 332 N.W.2d 446 (Ill.App. 1975); Johnson v. City of Muskegon, 232 N.W.2d 325 (Mich. App. 1975).
     Widow of firefighter awarded pension based on gross salary plus accumulated sick leave pay. Bay City Firefighters L-1435, AFL-CIO and City of Bay City, (Simkin, 1975).
     Injuries - Heart Attacks. Guste v. Burris, 324 So.2d 525 (La. App. 1975).
     Divorce - Effect of Alimony Agreement. Lynch v. Bogenrief, 237 N.W.2d 793, (Iowa 1976).
     See also: Workers' Compensation.