The Tennessee Court of Appeals has dismissed an appeal by the Chattanooga Fire and Police Pension Fund in regard to benefits a court ordered for former Chattanooga Police Lt. Craig Joel.
Chancellor Jeff Atherton had ruled that the fund must pay Lt. Joel pension benefits for his claim of Post Traumatic Stress Disorder.
The fund's board had denied the claim, saying that traumatic events cited by Lt. Joel were "within the realm of duties that police officers face and are expected to handle."
The board also said his application for benefits contained "multiple exaggerated, misleading and false statements."
The appeals court said Lt. Joel had asked for attorney's fees and pre-judgment interest and there was no ruling on those. It said, therefore, there was no final order in the case, and the appeals court could not accept the case.
The appeals court gave the fund 30 days to obtain a final judgment or show cause why the appeal should not be dismissed.
The appeals court said the fund did not obtain a final judgment, but argued that Lt. Joel had abandoned those claims. Lt. Joel said he had not abandoned the claims.
Costs of the appeal were taxed to the pension board.
From June 1991 to November 1993, Mr. Joel served as a volunteer firefighter with the Highway 58 Volunteer Fire Department. Around February 1994 he joined the Chattanooga Police Department as a communications clerk before working his way up to lieutenant.
He was placed on administrative leave after it was found that he was intoxicated while in possession of his firearm and a patrol vehicle. Then, on April 19, 2018, he filed for pension benefits citing "cumulative post traumatic psychological disorder."
He listed 12 traumatic events, including responding July 16, 2015, to the Naval Reserve Center, where five military personnel were killed in an active shooter terrorist attack.
Lt. Joel underwent medical evaluations from two different specialists, including one hired by the city and the other by the pension board. Each said he was not able to continue on as an officer.
The board contended that his disability "could have probably been successfully corrected by competent medical treatment had he cooperated with his healthcare providers."
Lt. Joel said he had initially relied on self-medication, alcohol and peer counseling before seeking some help for depression, anxiety and nightmares.
Chancellor Atherton said he found the board's denial was arbitrary or capricious.
He said, "The record lacks any supporting evidence that would justify or lead a reasonable person to conclude that such an interpretation of the language of the policy is appropriate, or alternatively that the Reserve Center shoot was 'expected.' "
He said pension benefits should be paid retroactively from the date of the denial and going forward.
Attorney William Hannah represents Lt. Joel.
The pension fund is represented by Christopher Crevasse, James Williams, Robert Parsley and Jessica Wolinsky.