41 A.3d 239
R.I.2012Background
- McCain was hired July 23, 2001 as a Firefighter 3 Class with the North Providence Fire Department, in the Communications Division as a lineman.
- His duties included maintaining cabling, operating the bucket truck, and supporting telecommunications, with no obligation to attend firefighting training or obtain EMT certification.
- McCain never fought a fire or made rescues; he occasionally responded to incidents after control to address exterior communications damage.
- CBA labeled linemen in the Communications Division as administrative and ineligible for firefighter work callbacks or overtime; they were not counted for minimum firefighter manpower.
- Injury occurred June 23, 2006; town paid injured-on-duty benefits under § 45-19-1, and McCain remained eligible after the State Retirement Board denied his disability pension.
- Town later determined McCain was not a sworn firefighter and ceased IOD payments in July 2009, prompting McCain to seek mandamus, declaratory relief, and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McCain qualifies as a firefighter under §45-19-1(c). | McCain is a 'member of the fire department' and thus a firefighter under the statute. | Only sworn firefighters or first-responders fall within §45-19-1(c). | McCain qualifies as a firefighter under the plain language. |
| Whether post-injury amendments affect pre-amendment interpretation. | Plain language governs; amendments after injury do not alter the pre-injury status. | Amendments clarify exclusions for non-first-responders from the outset. | Amendments not applied; statute unambiguous, controlling interpretation. |
| Should the remedial nature of the IOD statute lead to liberal construction to include McCain? | Remedial statute should be liberally construed to benefit those listed. | Liberality cannot override the explicit, enumerated definition of who is a firefighter. | Court adhered to the plain, unambiguous definition; McCain fits. |
Key Cases Cited
- Labbadia v. State of Rhode Island, 513 A.2d 18 (R.I. 1986) (IOD remedial statute; aim to provide greater benefits)
- Terrano v. State, Department of Corrections, 573 A.2d 1181 (R.I. 1990) (narrowing scope of IOD to enumerated beneficiaries)
- Angell v. Union Fire District of South Kingstown, 935 A.2d 943 (R.I. 2007) (volunteer firefighters not covered by IOD)
- DeLaire v. Kaskel, 842 A.2d 1052 (R.I. 2004) (limits on IOD protections for certain public-safety roles)
- Planned Environments Management Corp. v. Robert, 966 A.2d 117 (R.I. 2009) (plain-language interpretation when statute unambiguous)
- Kaya v. Partington, 681 A.2d 256 (R.I. 1996) (sovereign immunity and scope of IOD beneficiaries)