Retiree Entitled to Benefits for Disability Caused by "Mental or Nervous Injuries"
Participants in the Florida Retirement System (most state, county, and municipal employees) are entitled to a disability retirement benefit known as "in-line-of-duty" disability benefits if, because of a disability suffered in the line of duty, they are "prevented, by reason of a medically determinable physical or mental impairment, from rendering useful and efficient service as an officer or employee." See §121.091(4)(b), Fla. Stat. "Disability in line of duty" is defined as "an injury or illness arising out of and in the actual performance of duty required by a member's employment. . . ." See §121.021(13), Fla. Stat. Although the criteria for an award of these benefits are similar to those for an award of permanent total disability benefits under the Florida Workers' Compensation Law, there are important differences. Jernigan v. State, Dept. of Management Services, decided by the First DCA on 10/23/2008, illustrates this point.
Mr. Jernigan was employed by the Escambia County Sheriff's Department first as a corrections officer and later as a deputy sheriff. Two years before his retirement, the department accused him of misconduct in connection with his duties and terminated his employment. Although he was later rehired, he was assigned to court security instead of returning to his old job, a position which he found humiliating. Thereafter, his mental condition deteriorated to the point that it forced him to leave his employment.
The First DCA reversed the Division of Retirement's conclusion that Jernigan was not entitled to "in-line-of-duty" disability benefits. The Division had found that "[t]here was no showing of a substantial relationship between the job environment and the disabling illness. . . and that job conditions did not rise to the level of unusual stress triggering the disability." But the First DCA held that Jernigan was only required to show that his job stress was "a substantial or aggravating cause of a permanent total disability." Because there was no evidence in the record to suggest that Jernigan's illness was not aggravated by by his work, and because there was no evidence to suggest that any outside stressors had rendered him unable to work, the court reversed and remanded with instructions that Jernigan be awarded "in-line-of-duty" disability benefits.
These injuries would undoubtedly not be compensable under the Florida Workers' Compensation Law because they would be considered "mental or nervous injuries" due to "stress, fright, or excitement only." See §440.093(1), Fla. Stat.
