E-Alert Case Updates

Police Officer Denied Special Disability Benefits Due to Willful Negligence

Thomas v. State Retirement and Pension System of Maryland
No. 51 (Md. App. 2011)
by Lindsey M. Brunk, Summer Associate
Semmes, Bowen & Semmes (www.semmes.com)

Under Maryland law, “special disability” benefits, which are more generous than ordinary disability benefits, are afforded to retired members of the Maryland State Police Retirement System, provided that they satisfy certain requirements. One of these requirements is that the member’s injury is not caused by his own “willful negligence.” Md. Code Ann., St. Pers. & Pens. §29-105. Recently, the Maryland Court of Appeals held that the phrase “willful negligence” is not internally inconsistent, and a member need not intentionally cause his own injury in order to have been willfully negligent.

James Thomas was a police officer who worked with the Automotive Safety Enforcement Division for the Maryland State Police. In January of 2000, new procedures were established for the auditing of vehicle inspection stations. Though Thomas was aware of these new procedures, he failed to comply with them. For over a year, he did not conduct thorough audits of vehicle inspection stations, and he falsified reports to indicate that he had. Upon discovery of his misconduct, the Maryland State Police initiated disciplinary proceedings against Thomas. After being notified of the disciplinary proceedings, Thomas began to feel anxious, depressed, angry, and agitated. As the proceedings continued and increased in severity, Thomas was eventually diagnosed with Major Depressive Disorder. He retired from service in November of 2001.

Thomas applied for special disability benefits, but he was denied because the State Retirement and Pension System of Maryland’s Medical Board held that his disability did not arise out of or in the course of the actual performance of duty, which is a separate requirement for eligibility. After several appeals and remands, Thomas eventually brought his case before the Office of Administrative Hearings. The Administrative Law Judge held that Thomas was not entitled to special disability payments because his medical condition resulted from his willful negligence in failing to comply with the audit procedures. This decision was ultimately affirmed by the Court of Special Appeals.

On appeal to the Court of Appeals, Thomas argued that because he did not willfully cause his own medical condition, he was not willfully negligent. The Court explained that the agency’s interpretation of a statute which it administers is given “considerable weight,” citing Marzullo v. Kahl, 366 Md. 158, 172 (2001), and the agency had not interpreted the statute in the way that Thomas proposed. Accordingly, Thomas’ intentionality argument was dismissed. Secondly, Thomas argued that the term “willfully negligent” was inherently contradictory. In also dismissing this argument, the Court explained that willful negligence is not contradictory; it occurs when someone intentionally disregards a duty owed to another by law or contract, but does not necessarily wish injury or damage to occur.

As a final point, the Court of Appeals affirmed another sound, rational basis for this holding: if Thomas were able to get special disability benefits because of the emotional impact of his disciplinary proceedings, then he would end up benefiting from his own misconduct. This would be an absurd result. As such, the Court of Special Appeals was affirmed.