Dolan v. Fire and Police Pension Ass'n

Citations

• 2017 COA 55
• 413 P.3d 279

Syllabus

Firefighter—Injury—Occupational Disability Benefits—Fire and Police Pension Association—Policemen's and Firemen's Pension Reform Act—Fire Chief—Amended Complaint. Dolan joined North Metro Fire Rescue in 1986, and in 2007, he sustained an injury that prevented him from passing the physical tests for firefighting duties. After approximately two years of attempted rehabilitation, North Metro terminated Dolan. Dolan promptly filed for occupational disability benefits with the Fire and Police Pension Association (FPPA). While working for North Metro, Dolan also worked for the Elk Creek Fire Protection District: he was Elk Creek's paid fire chief from 1998 through 2003 he returned as a volunteer in 2008 and in 2010, he was again hired as a paid fire chief. Dolan initially received disability benefits, but these were later revoked based on a finding that because his position at Elk Creek had involved fire protection, he was ineligible for benefits under the Policemen's and Firemen's Pension Reform Act (the Act). A hearing officer recommended that Dolan repay the benefits he received after he signed his employment contract with Elk Creek in 2010, and the FPPA's Board of Director's (Board) affirmed the recommendation. Dolan filed for CRCP review of the Board's decision in district court and also asserted several common law claims against FPPA. The district court affirmed the Board's decision. Dolan then moved to amend his complaint, which was denied as untimely, and a trial was held on his remaining common law claims. The court found for FPPA and entered final judgment against Dolan. On appeal, Dolan argued that the Board and the district court misapplied the law in discontinuing his disability benefits because, since his termination from North Metro, he was never re-employed in a position directly involved with the provision of fire protection under the Act. Re-employment in a full-time salaried position that directly involves the provision of fire protection precludes a fi