Smykowski v. United States

Plaintiffs ("claimants”) seek review by this court of the administrative denial of survivors’ death benefits under the Public Safety Officers’ Benefits Act of 1976, Pub. L. No. 94-430, 90 Stat. 1346 (1976), 42 U.S.C. §§ 3796-3796c (Supp. III 1979) ("PSOBA”). The cause now comes before the court on the parties’ cross motions for summary judgment. Claimants’ decedent died from a heart attack suffered shortly after engaging in a physical struggle in the line of duty. The crucial issue is whether these circumstances constitute a compensable event under PSOBA. We hold that they do not and,…