NY Court Affirms Denial of Death Benefits Following Police Officer’s Apparent Suicide
A New York appellate court recently affirmed the findings of the state’s Workers’ Compensation Board that a police officer’s death, from an apparently self-inflicted gunshot wound was not a line-of-duty death in spite of the fact that her body was found in her police car and that she had been on duty at the time of her death [Matter of Delacruz v. Incorporated Vil. of Freeport, 2019 N.Y. App. Div. LEXIS 6852 (3d Dept., Sept. 26, 2019)]. Agreeing with the Board that in New York, suicides were generally not compensable unless there was evidence of some “insanity, brain derangement or a pattern of mental deterioration cause by a work-related injury,” the Court said substantial evidence supported the Board’s finding that the officer’s death was due to her willful action.
Background
On December 22, 2016, decedent, a police officer who was on duty at the time, was found dead in her parked police car from a perforating gunshot wound to the head and brain. Decedent’s death certificate indicated that the cause of her death was suicide from a self-inflicted gunshot wound. Subsequently, claimant, decedent’s surviving spouse, filed an application for workers’ compensation death benefits alleging that decedent was involved in a line-of-duty death. The claim was controverted, and, following a hearing, a WCLJ established the claim and awarded benefits. On administrative review, the Board reversed, finding that the cause of decedent’s death was suicide from a self-inflicted gunshot wound and that there was no evidence that her suicide resulted from insanity, brain derangement or a pattern of mental deterioration caused by a work-related injury. Claimant appealed.
Willful Intent on the Part of Decedent
The appellate court observed initially that workers’ compensation death benefits may not be awarded when the injury was solely occasioned by the willful intention of the injured employee to bring about the injury or death. Substantial evidence supported the Board’s finding. Decedent died of a gunshot wound to the head. Her body was found in the driver’s seat of her police car. Her service revolver was found on the floor. Videotape surveillance of the scene depicted decedent exiting and then re-entering the vehicle and showed no civilians approaching the vehicle at the time of the incident.
An assistant police chief testified that it would have been against protocol for decedent to have removed her service weapon at the time in question and that her service revolver’s holster had a safety feature to prevent the weapon from falling out of the holster or being removed by an unauthorized user.
No Insanity or Mental Deterioration
Moreover, noted the court, there was evidence supporting the Board’s finding that decedent’s death did not result from insanity, brain derangement or a pattern of mental deterioration caused by a work-related injury. Decedent had no history of mental illness or substance abuse. Decedent had experienced some difficulties at work, but her colleagues had indicated to her that she faced no significant issues. Decedent had recently started marriage counseling and had experienced some depression and/or stress during the holiday season, but the Board found that such facts did not establish the necessary causal relationship between the employment and the resulting suicide. Decedent’s death was unfortunate, but not connected to her work.