Court Hearing for Disability Appeal for Former CFD Firefighter Commences
KNOXVILLE, Tenn. (WDEF) The Court of Appeals of Tennessee at Knoxville held the hearing of Matthew Long vs. Chattanooga Fire and Police Pension Fund this morning after a denied appeal. News 12 Robert Hanley has more on the case.
Petitioner Matthew Long applied for disability pension benefits due to PTSD caused by various traumatic events he experienced during his time as a firefighter with the CFD. The Board of Trustees for the Respondents Chattanooga Fire and Police Pension Fund denied Long’s application. Long filed a Petition for Writ of certiorari with the Chancery Court for Hamilton County seeking a reversal of the Board’s decision.
Long began working as a firefighter for CFD in two thousand five and was promoted to senior firefighter in two thousand seven. After over 10 years in the service, Long reported to his supervisor, Travis Williams, that he needed help with his mental health.
After approval, Long took time off to address his mental health and ultimately never returned to CFD. Beginning in July 2019, Long received treatment which included therapy, medication, and inpatient stay. Despite this lengthy treatment, Long did not show significant improvement, and more importantly, he never reached the point where he could return to work at CFD.
The Fund is a defined-benefit pension plan that provides members of the CFD and the CPD with certain retirement, disability, and death. These pension benefits include coverage for a job-related disability when a member is quote “unable to perform his/her duties as a Firefighter or Police Officer due to an injury or illness that is the result of the performance of sworn duties.”
The Fund argues that the trial court made a mistake in reversing the Board’s denial of Long’s application for two reasons. First, the Fund argues that the traumatic events at issue were not “unexpected” for a firefighter. Justice Sarah K. Campbell, Supreme Court of Tennessee stated that “It’s ambiguous whether “unexpected”, whether this particular factual situation fits within that term “unexpected.”
Hamilton County Attorney Janie Varnell followed Justice Campbell and stated that “the unexpected standard should be that the pension board looks at the events themselves first and foremost then the facts surrounding them but then more than that they look at the expert medical proof”.
Second, the Fund argues that Long’s PTSD could have been improved had he not quit his recommended treatment.
The case was then brought to the Court of Appeals in Knoxville where, after an hour of deliberating, it is unclear when the court will issue a final opinion on the case.
