Morse v. Employees Ret. Sys. of the City of Providence

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Morse, a long-time fire-rescue captain, had separate work-related back injuries in 2009 and 2011. In both cases he was eventually released to work. Morse injured his back again while lifting a patient during a 2012 rescue call. After the third injury, he did not return to work. Pursuant to the Providence Code of Ordinances, Morse was evaluated by three independent medical examiners. There was disagreement concerning whether the code covers disability as the result of multiple injuries. One of the consultants found Morse not to be disabled. The Retirement Board of the Employees Retirement System of the City of Providence denied Morse’s application for an accidental disability pension, based solely on the board’s self-imposed “unanimity rule,” requiring that all three physicians agree that the applicant was permanently disabled as a result of a work-related injury. The Rhode Island Supreme Court quashed the decision. The board’s adoption of the unanimity rule effectively abandoned its authority to a single disagreeing physician. Because the board failed to make any factual findings with regard to the petitioner’s application, this matter was remanded to the board for reconsideration. View "Morse v. Employees Ret. Sys. of the City of Providence" on Justia Law