fbpx

Firefighter Loses Gradual Hearing Loss Claim

James Hartman has been employed by the St. Bernard Parish Fire Department in Louisiana since May 25, 1990, rising to the rank of District Chief. During the course of his employment with the Department, Hartman was exposed to injurious levels of noise, which resulted in permanent hearing loss. Hartman informed the Department of his hearing loss on September 20, 2006. He underwent audiograms in January 2008, April 2014, March…

Read More

In Some States, PTSD Not Compensable Injury Without Physical Injury

Brian Carver was employed by the Jackson Police Department in Mississippi as a patrolman for 20 years. In 2004, Carver fatally shot a suspect. After his two required visits to a psychologist, Carver was cleared to return to work, where he experienced physical and mental health issues while on duty. The first time Carver experienced PTSD symptoms after returning to work occurred when he was dispatched on a domestic…

Read More

Videos Do Not Prove That Officer Had Recovered

It is not uncommon when an employer suspects that an employee may be falsely describing the extent of an on-the-job injury for the employer to obtain video of the employee engaging in physical activities. A recent case involving a Chicago police officer serves as a reminder that video evidence that the employee has engaged in even vigorous physical activity does not necessarily establish that the employee is malingering, and…

Read More

Fire Captain’s Duties ‘Substantially Similar’ To Those Of Secretary

Under a Nevada Statute, an em­ployer may offer temporary, light-duty employment to an injured employee in lieu of paying temporary total disability benefits to that employee. The statute provides that for a temporary, light-duty employment offer to be valid, the offered position must be “substantially similar” to the employee’s preinjury position in location, hours, wages, and benefits. Reaching a result that might seem surprising, the Nevada Supreme Court has…

Read More

Firefighter’s Training Injury Not Suffered During ‘Emergency’

Sean T. Heneghan was a firefighter for the City of Evanston, Illinois. In June 2016, Heneghan participated in a voluntary live fire exercise held at the Northeastern Illinois Public Safety Training Academy. His participation in this exercise was part of a firefighter training course, and his attendance was approved by the Division Chief. During the exercise, the live fire generated smoke and combustible particles. Heneghan was responsible for ventilating…

Read More

Gradual Work-Related Hearing Loss Not Covered By Workers’ Comp In Louisiana

James Hartman began working with the St. Bernard Parish Fire Department in Louisiana in 1990. His work exposed him to high noise levels, which caused him to undergo audiograms on January 24, 2008, April 10, 2014, March 1, 2017, and September 27, 2017. The audiograms showed increasing levels of hearing loss. The March 1, 2017 and September 27, 2017 audiograms revealed a 42.2% binaural hearing loss. Although Hartman continued…

Read More

Illinois Statute Only Requires Employer To Provide Lowest-Cost Health Plan To Disabled Employees

Terry Esser was a police officer with the City of Peoria, Illinois. In June and October 2013, Esser injured his back while at work. Esser eventually had surgery but was unable to return to work as a police officer. In September 2014, Esser filed an application with the pension board for line-of-duty disability pension benefits, which was later granted. In August 2015, Esser filed an application for health insurance…

Read More

No Proof That Firefighter Could Control Weight By Diet And Exercising

Gregg Burns is a firefighter for the City of Las Vegas. Burns filed a workers’ compensation claim after suffering a heart attack in October 2013. When the City denied the claim, several levels of appeal occurred before the case wound up in the Nevada Court of Appeals. The key questions for the Court surrounded a Nevada statute that a firefighter meeting certain requirements is entitled to a conclusive presumption…

Read More

Granting Benefits To Management Employees Can Violate Union’s Rights

The United Chief Officers Association is the exclusive bargaining representative for the 10-13 battalion chiefs in the Contra Costa County Fire District. Although the fire marshal and fire training chief classifications are unrepresented, these positions have traditionally been regarded as lateral peers of the battalion chiefs and received comparable pay and benefits. The District is a separate entity from Contra Costa County; however, the County’s Board of Supervisors serves…

Read More

County Cannot Terminate Widow’s Workers’ Compensation Death Benefit

On December 27, 2010, while working as a Fort Bend County Deputy Sheriff, John Norsworthy swerved to avoid road debris that had fallen off a flatbed delivery truck owned and operated by SBS/Bison Building Materials and driven by Morris Crosby. John suffered fatal injuries. The County initiated workers’ compensation benefits, paying one week of temporary income benefits of $689.47, medical benefits of $215,011.87, and after his death on January…

Read More

No More Free Tolls For New Jersey State Troopers

For many years, the New Jersey Turnpike Authority and the South Jersey Transportation Authority – independent authorities that operate the State’s major toll roads – allowed State Troopers to travel over those roads in their personal vehicles without paying tolls. As a result, troopers were able to commute to and from work without incurring that expense. Nothing in the State’s collective bargaining agreement with the State Troopers Fraternal Association…

Read More

Legally Separated Spouse Entitled To Insurance Benefits

Gregory Malisos retired in 2008 after a 24-year career as a police officer with the Town of Windham, New Hampshire. When he retired, Malisos continued his and his wife’s health insurance coverage through the Town’s participation in the Local Government Center’s Health Trust insurance plan. As part of his retirement, Malisos’s “spouse” was entitled to the medical subsidy “until death or remarriage.” A year after he retired, Malisos and…

Read More

Trooper’s Disability Benefits Do Not Stop With Criminal Conviction

Douglas Merino joined the Washington State Patrol (WSP) in 1978 and served as a trooper until October 11, 1988, when he suffered a herniated disc and injuries to his left neck and left shoulder after being ejected from a patrol vehicle while on duty. As a result of these injuries, Merino was unable to meet the physical requirements for his WSP trooper position and went without pay from 1989…

Read More

Volunteers Do Not Necessarily Become Employees When Benefits Are Provided

Frank Estrada was a reserve police officer for the City of Los Angeles. The City considers reserves to be volunteers, not employees. However, the City does provide workers’ compensation benefits to reserves. For example, in 1995, while on duty, Estrada was involved in a traffic collision and sustained leg and back injuries. In 1996, while on duty, Estrada again was involved in a traffic collision and injured his right…

Read More

How The ‘World Trade Center Presumption’ Works

In the wake of the World Trade Center disaster, the City of New York amended its administrative code to create what is known as the “WTC presumption.” Under the Code, there is a presumption that “any condition or impairment of health caused by a qualifying WTC condition shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of…

Read More

Officer Not Entitled To Full Holiday Plus Additional Pay For Actual Hours Worked

Matthew Lackey is an officer for the City and County of Denver Police Department. On Sunday, May 29, 2011, Lackey began his regularly scheduled shift at 4 p.m. and concluded that shift at 2 a.m. the following morning on Monday, May 30, 2011. In that year, May 30 was Memorial Day, a recognized holiday pursuant to Article 11.1 of the collective bargaining agreement between Denver and the Denver Police…

Read More

After Deputy’s Death, Court Reverses His Attempt To Change Beneficiaries During Divorce

David Briese was a member of the Montana Sheriffs Retirement System as a result of his employment as a deputy sheriff for Yellowstone County. The System is governed by the Montana Public Employees Retirement Board. In 2001, David designated his wife Erene Briese as his primary beneficiary under the System’s plan. In 2004, David filed a petition for dissolution of marriage. The divorce court issued a standard temporary restraining…

Read More

End Of Contract Benefit Need Not Be Permanent

The County of Hunterdon, New Jersey negotiations separate labor agreements with the Fraternal Order of Police (FOP) for bargaining units of corrections officers and deputy sheriffs. Several years ago, the FOP agreed to the County’s request to end an “incremental salary schedule” with a number of pay steps. In the most recent negotiations, the FOP sought to regain the benefit. When the County refused to agree, an interest arbitrator…

Read More

Heart/Lung Presumption Can Be Limited By Passage Of Time

Patrick McKeown was a firefighter with the City of Mountlake Terrace, Washington. McKeown retired on July 16, 2000, but remained on the payroll until January 12, 2001. In 2006, McKeown was diagnosed with a heart condition – cardiomyopathy – which his physician believed was caused by exposure to a respiratory virus sometime in 2000. Under Washington’s “heart/lung statute,” certain cardiac and respiratory conditions suffered by firefighters are presumed to…

Read More

Absent Contract, No Right To Payment For Sick Leave Upon Termination

A group of former correctional officers for the Cabell County, West Virginia Sheriff’s Office sued the County, seeking payment for their accumulated sick leave. The positions of the corrections officers were terminated in December 2003 when the Cabell County Jail closed, and its prisoners were transferred to the new Western Regional Jail under the direction of the Regional Jail Authority. Although many jail employees obtained employment at the new…

Read More

Firefighters On Injured Status Entitled To Accrue Vacation Leave

When an arbitrator construed the collective bargaining agreement between the City of Worcester, Massachusetts and Local 1009 of the International Association of Fire Fighters to allow firefighters on injured-on-duty (IOD) status to continue to accrue vacation leave, the City challenged the Arbitrator’s decision in the Massachusetts Court of Appeals. Rejecting the City’s argument that the Arbitrator pulled his decision “out of thin air,” the Court upheld the arbitration award….

Read More

Arbitrator Has Authority To Award Pension Credit To Discharged Deputy

Ted Goldstein is a deputy sheriff with the Oakland County, Michigan Sheriff’s Department. Goldstein was accused of misconduct at work and was terminated by the Department. The Oakland County Deputy Sheriff’s Association challenged the termination in arbitration. The Arbitrator found that the most serious allegations of misconduct against Goldstein were false, and he concluded that the employer did not have just cause to terminate Goldstein. The Arbitrator ordered that…

Read More

Fired Police Chief Loses Claim For Unemployment Benefits

The City of Lewiston, Minnesota employed David Kleinschmidt as the Chief of Police from September 2008 to March 5, 2010. In February 2008, Kleinschmidt began his employment with the City as an interim police officer and was subsequently promoted to full-time officer. He then became interim Chief of Police in September 2008 until he was promoted to permanent Chief of Police in November 2008. Kleinschmidt submitted three different resumes…

Read More

Promises From Town Officials Cannot Alter Retirement Benefits

Stephen Ferrucci was hired in 1974 as a police officer with the Town of Middlebury, Connecticut. In 1988, at the age of 38, Ferrucci retired in order to take a job with the Service Employees International Union. In 1995, seven years after he terminated his employment with the Town, Ferrucci spoke with the Town’s finance director about his retirement benefits. The finance director spoke with the Town’s actuary, and…

Read More

Heart-Lung Claim Subject To Arbitration

Robert Shaw was employed as a patrol officer by the Township of Aston, Pennsylvania. Shaw was injured on Christmas Eve, 2001, while on the job. As a result of his temporary injuries, Shaw was eligible for and received benefits pursuant to Pennsylvania’s Heart and Lung Act, a workers’ compensation-type statute that provides for special benefits for law enforcement officers and firefighters. Shaw was also awarded workers’ compensation benefits. In…

Read More

PHP Code Snippets Powered By : XYZScripts.com

Powered by WishList Member - Membership Software