Brain Injury Physical, Not Mental
The City of Baltimore sought review of a decision awarding a police officer line-of-duty (LOD) disability retirement benefits after he suffered a concussion, or traumatic brain injury, while on duty with resulting memory loss and attention deficits. The Court of Special Appeals reversed, holding the officer’s incapacities were mental, rather than physical. While the earlier decision had relied on state statutes dating back to 1966, the reviewing court relied on current science and medical evidence that point to brain injuries as physical injuries. The court found a concussion may, in certain instances, lead to permanent physical incapacity qualifying a claimant for LOD disability benefits. Under this modern approach the police officer was deemed eligible for disability retirement benefits.