Miller v. City of Portland

by
Plaintiffs had been firefighters for the city of Portland when they suffered disabling injuries. The city's charger required it to provide disability benefits to its police and fire employees who suffer injuries in the course of their employment that render them “unable to perform [their] required duties,” with a minimum disability benefit of 25 percent of the employee’s base pay, “regardless of the amount of wages earned in other employment.” The city originally determined that plaintiffs’ disabilities made them unable to perform their “required duties” and paid them disability benefits. Years later, however, the city created new job assignments that included some of the duties within the job classifications that plaintiffs had held when they were injured. Because the city gave the new job assignments the same job classifications that plaintiffs had previously held, the city maintained that plaintiffs were no longer disabled. The city therefore required plaintiffs to return to work and discontinued paying them the minimum disability benefit. Plaintiffs sued the city for breach of contract, and the circuit court granted summary judgment for the city. The Court of Appeals affirmed in part and reversed in part. After its review, the Supreme Court concluded the city charter’s use of the term “required duties” meant core duties. Because there was a genuine issue of material fact as to whether the duties of plaintiffs’ new job assignments were the “required duties” for the job classifications that plaintiffs previously held, the Court further concluded that the circuit court erred in granting summary judgment in favor of the city. View "Miller v. City of Portland" on Justia Law