In re Pera Police & Fire Plan Line of Duty Disability Benefits of Brittain

I respectfully dissent. I agree with the majority that Minn.Stat. § 353.656, subd. 1 (2004) is unambiguous and that the meaning of the words “any act of duty” in subdivision 1 is not “restricted to hazardous situations.” I also agree with the majority’s conclusion that the issue in this case is whether Brittain’s injury was “incurred in or [arose] out of any act of duty” (in accordance with subdivision 1) or whether the injury occurred “while not on duty as a police officer” (in accordance with subdivision 3). I part company with the majority on the resolution of this fact question, which the…