Lillian Rivera v. Employees' Retirement System of Rhode Island
70 A.3d 905
| R.I. | 2013Background
- Rivera, a Cranston Police sergeant, applied Sept. 17, 2007 for accidental disability benefits based on PTSD/anxiety.
- ERSRI denied the application on Jan. 9, 2008; a Jan. 18 notice stated the sub-committee found no incapacitation.
- Rivera appealed to the retirement board; March 7, 2008 hearing before the sub-committee; April 16, 2008 notice reiterated denial; May 14, 2008 full board denied with final determination.
- May 19, 2008 letter informed Rivera of final decision and that she had 30 days to seek judicial review; accompanying “Notice of Right of Judicial Review” stated the same 30-day period from mailing.
- Postmark on the denial letter was May 21, 2008; Rivera filed her Superior Court appeal on June 27, 2008; trial court questioned jurisdiction based on the 30-day deadline and denied relief on equitable tolling grounds.
- The Rhode Island Supreme Court granted certiorari and ultimately held § 42-35-15(b) is unambiguous and tolled equitable relief could apply, remanding for merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §42-35-15(b) is ambiguous and when the deadline runs. | Rivera argues ambiguity; deadline should toll or begin at receipt. | ERSRI argues the statute is unambiguous; deadline runs from mailing. | Statute unambiguous; deadline begins the day after mailing. |
| Whether equitable tolling applies to extend the deadline. | Equitable tolling should apply due to agency misstatements. | Deadline is jurisdictional and not subject to tolling. | Equitable tolling available; trial court abused its discretion by denying tolling; remand for merits. |
Key Cases Cited
- Bayview Towing, Inc. v. Stevenson, 676 A.2d 325 (R.I. 1996) (statutory period runs from notice receipt)
- Providence School Department v. Ana C., 108 F.3d 1 (1st Cir. 1997) (First Circuit reliance on Bayview Towing language)
- Iselin v. Retirement Board of Employees’ Retirement System of Rhode Island, 943 A.2d 1045 (R.I. 2008) (equitable tolling as applicable to administrative-review timing)
- Johnson v. Newport County Chapter for Retarded Citizens, Inc., 799 A.2d 289 (R.I. 2002) (equitable tolling as exception to strict timing)
- Narragansett Electric Co. v. Saccoccio, 43 A.3d 40 (R.I. 2012) (tolls and timing considerations in administrative-review)