1. Heart Presumption and Essential Duties
Kimberly A. Fletcher, Esq.

2. The “Heart Presumption”
G.L. c. 32, § 94:
“any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability ....to a uniformed member of a paid fire department or permanent member of a police department ... shall, ... be presumed to have been suffered in the line of duty ...”

3. Accidental Disability
G.L. c. 32, § 7(1):
“Any member in service classified in ... Group 4 who is unable to perform the essential duties of his job and that such inability is likely to be permanent ... shall be retired for accidental disability ...”

4. What are Essential Duties?
From PERAC Regulation 840 CMR 10.20:
“Essential duties are those duties or functions of a job or position which must necessarily be performed by an employee to accomplish the principal object(s) of the job or position. The essential duties are those that bear more than a marginal relationship to the position. The determination of which duties are essential is made by the employer based on all relevant facts and circumstances and after considering a number of factors.”

5. What are Essential Duties?
From PERAC Regulation 840 CMR 10.20:
However, "[i]f the State Human Resources Division has promulgated or promulgates a list or description of essential duties for a position that is consistent with those of the member's position, the employer shall submit such list or description as the essential duties for the position in question."

6. Essential Duties – PERAC Regulation
840 CMR 10.07(1)(a-c). Information to be obtained from the employer:
(a) a job description describing the member's duties and responsibilities;
(b) specifically identifying the essential duties of the position;
(c) describing any particular physical or mental requirements prescribed for the position;

7. What are Essential Duties?
BUT,
“In determining the ‘essential duties,’ it is not enough to review or rely on the formal job description. The relevant job duties are those that the member is actually required to perform.”
Drew v. Holyoke Retirement Board, CR , (CRAB 2007):

8. Essential Duties – Police and Fire
Human Resources Division’s “Essential Task List” for Police and Fire positions may not be applicable in determining the essential duties of a member’s specific job within the police or fire department, i.e., not every police officer is on patrol and not every firefighter responds to scenes of alarm.
Hypertension/heart disease may not prevent such employees from performing the essential duties of their position.

9. Essential Duties – DALA/CRAB Cases
Fletcher v. Holyoke Retirement Board, CR (CRAB 2016)
Operations Captain of Holyoke Police Department was not disabled by heart disease, where his essential job duties were administrative, even where the official job description included physical activities. Member worked his usual duties up to the time of his maximum age.

10. Essential Duties – DALA/CRAB Cases
Sarno v. Middlesex County Retirement Board, CR (DALA 2016).
Billerica PAL Officer (Police Athletic League) who performed his duties for five years after the heart attack upon which his claim was based could not rely on the claim that his “essential duties” included the exertional tasks of a Patrolman, because he was not required to and did not actually perform these tasks as the PAL Officer.

11. Essential Duties – DALA/CRAB Cases
LaCroix v. Newton Retirement Board, CR , (CRAB 2017)
Where Fire Chief’s regular duties did not require physical labor, but were supervisory and administrative, and where he performed those duties for five years after heart attack, he was not disabled from performing essential duties of the position, even where HRD Essential Duties Task List required that even supervisory firefighting personnel “must be able to perform the essential functions of a fire fighter.”

12. Essential Duties – Takeaways
The physical tasks on the HRD Massachusetts Task Analysis may be inconsistent with the job duties required to be performed by the applicant.
It is not enough to review or rely on the formal job description.
Boards should obtain as much information as possible regarding a disability applicant’s actual job duties, as the heart presumption regarding causation may not apply.