Richard A. McDowell - Page 11

                                       - 11 -                                         
          the interpretation of the provision.  The title of an act may               
          only aid interpretation by the court if there is doubt about the            
          meaning of the text of the provision.  Town of East Greenwich v.            
          O'Neil, 617 A.2d 104, 109 (R.I. 1992).  The title does not                  
          control when a court analyzes the plain meaning of a provision.             
          Fiske v. MacGregor, Div. of Brunswick, 464 A.2d 719, 727 (R.I.              
          1983).  We find that the plain meaning of the amendment is that             
          for disability claims of City firefighters and police, the City             
          ordinance applies "in lieu" of, in place of, or instead of                  
          worker's compensation benefits.  That workers injured while on              
          duty must claim benefits under the ordinance and not worker's               
          compensation is not the critical issue here, however.  That                 
          workers injured or rendered ill for reasons unrelated to their              
          work may, on the face of the provision as written (even with the            
          amendment), claim benefits under the ordinance is critical, and             
          fatal to any exemption under section 104(a).  See Craft v. United           
          States, 879 F. Supp. 925, 932 (S.D. Ind. 1995)("in lieu of"                 
          language of State disability statute cannot change its nature).             
          Conclusion                                                                  
               Although injured while on duty as a firefighter, petitioner            
          has failed to carry his burden of proof to show that he received            
          disability payments under a worker's compensation statute or a              
          statute in the nature of a worker's compensation statute.  We are           
          unable to find erroneous respondent's determination that the                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011