Miller v. City & County of Denver
315 P.3d 1274
Colo. Ct. App.2013Background
- Miller, a Denver Police Department lieutenant, was injured in 2005 while performing duties; he did not work for five months and then returned in modified roles for over four years.
- He was entitled to disability benefits under the City Charter and the DPPA-CBA; in 2010 the City determined he reached maximum medical improvement (MMI).
- The City deducted 178.25 hours of full-salary line-of-duty leave as excess beyond the one-year paid leave authorized by the CBA.
- The Denver Police Protective Association filed a grievance under the CBA; after denial, Miller and DPPA sued for declaratory relief and then moved for summary judgment.
- The district court held that Charter § 9.6.14 and Article 22.2 create a one-year full-salary disability leave and that Miller’s excess leave could be deducted from other leave.
- The appeal challenges whether temporary vs. permanent disability affects the one-year cap and whether both provisions operate together or separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of benefits under §9.6.14 vs. Article 22.2 | Miller/DPPA: two distinct benefits apply. | City: one-year cap under Article 22.2 applies to both. | One-year limit applies to benefits without regard to temporary/permanent status. |
| Effect of temporariness on entitlement | Temporary allows continued benefits beyond one year. | Temporary status ties to a one-year limit. | Temporary status does not extend beyond one year; benefits are capped. |
| Remedy for excess leave | N/A | City entitled to deduct excess from other leave. | Excess 178.25 hours properly deducted. |
Key Cases Cited
- Rush Creek Solutions, Inc. v. Ute Mountain Ute Tribe, 107 P.3d 402 (Colo.App.2004) (trial ruling affirmed on any supported ground; de novo review allowed)
- Chryar v. Wolf, 21 P.3d 428 (Colo.App.2000) (affirming judgment on any grounds supported by record)
- Cook v. City & Cnty. of Denver, 68 P.3d 586 (Colo.App.2008) (statutory construction applies to charter provisions)
- Jones v. Denver Police Pension & Relief Bd., 801 P.2d 16 (Colo.App.1990) (interpretation of benefits for temporary disability)
- Eason v. City of Riverside, 48 Cal.Rptr. 408 (Cal.App.2d 1965) (leave of absence can be cumulated beyond one year)
- McWreath v. Dep't of Pub. Welfare, 26 A.3d 1251 (Pa.Commw.Ct.2011) (cannot read into statute words not present)