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

Walking To Car After Testifying Not ‘Act Of Duty’ For Pension Purposes

Paul Griffin was a detective with the Village of New Lenox Police Department in Illinois. On September 7, 2016, Griffin worked from 8 a.m. until 4 p.m. He was wearing his service revolver, handcuffs, and police radio. Griffin’s supervisor informed him that he was to testify before a grand jury pursuant to a subpoena at the county courthouse. Griffin drove his vehicle assigned by the police department with his…

Read More

City Can Be Liable For ADA Violations Of Third-Party Evaluators

When Christopher Gibbs applied to be a Pittsburgh policeman, he passed the written test and got a conditional job offer. After that, Pennsylvania Law required him to “be personally examined by a licensed psychologist and found to be psychologically capable of exercising appropriate judgment or restraint in performing the duties of a police officer.” When two of the three psychologists who interviewed him opined that he was unfit to…

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

PTSD Caused Marital Problems, Not Vice-Versa

Christopher Staford was a Crest Hill police officer in Illinois. He was working as a patrol officer on Decem­ber 11, 2010, when he and a suspect exchanged gunfire. During the inci­dent, Staford’s gun jammed. Shortly after the incident, Staford went to the emergency room, where he complained of feeling “rattled” and “very anxious.” He was diagnosed with anxiety. After continuing to experience symptoms, Staford began seeing Dr. Puls, a…

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

Disabled Corrections Officer Unable To Perform Essential Job Functions

Stephen Mannan worked as a corrections officer for the Colorado Department of Corrections. In January 2017, Mannan experienced chronic hip pain and was diagnosed with osteoarthritis and told he would need a hip replacement. As Mannan was morbidly obese, his doctor advised him to lose approximately 50 pounds before surgery. In February 2017, Mannan took FMLA leave with the aim to have surgery in March or April. Instead, in…

Read More

Corrections Officer Terminated For Dishonesty, Not Disability

Brad Sandefur was a corrections officer for the Sheriff of Cook County, Illinois. He suffers from disk desiccation in his spine and osteoarthritis in his knees. Both conditions can cause intermittent pain for weeks at a time. In 2011, Sandefur applied for and received a handicapped parking placard from the Illinois Secretary of State. His application identified his qualifying disability as osteoarthritis or a “knee condition.” The application asserted…

Read More

Disability Retirement Precludes Civil Service Appeal Of Discharge

Martin Deiro began working for the Los Angeles County Sheriff’s Department in 1997 and was injured on duty in May 2012. He continued to work though October 2013, after which he had the first of two surgeries for the injury. He could not return to work after his first surgery and remained on leave. On May 1, 2015, Deiro applied to the Los Angeles County Employees Retirement Association (LACERA)…

Read More

Pre-Existing PTSD Does Not Bar Officer’s Disability Claim

Detective Christopher Sardo worked for the Village of Franklin Park, Illinois. Sardo served in the United States Marine Corps from 1987 to 1991, including a tour of duty in Desert Storm. Besides physical danger, his service exposed him to several traumatic events, including fellow Marines being shot at and killed. After his discharge, Sardo experienced depression, flashbacks, and panic attacks. Sardo became a Franklin Park police officer in January…

Read More

Lack Of Response From Dispatch Basis For PTSD Claim

Kimberly Nelson, a Chicago police officer, responded to a dispatch report that there was a “possible kidnapping of a FedEx driver” on 80th Street. Nelson inquired where exactly on 80th Street the incident had occurred. Eventually, the dispatcher replied, “Units in 6, we have a robbery, an armed robbery of a FedEx driver, 708 East 80th.” Nelson, who was nearby, headed to the location while calling “652 for information.”…

Read More

Deputy Wins $885k In Disability, Hostile Work Environment Case

Joseph Iko, who has been diagnosed with Type I diabetes since he was six years old, worked for the Sheriff’s Department in Middlesex County, New Jersey. In 2004, Iko underwent a pancreas transplant because of his diabetes. When Iko returned to work after the transplant, his high-level supervisors and coworkers began harassing him by regularly calling him names such as “Half-Dead,” “Mr. Magoo,” “Stevie Wonder,” “Jerry’s Kids,” “Chinaman,” and…

Read More

Disability Pension Subject To Division In Divorce

Adrian and Brooke Aurs were married in July 2007. At all times during the parties’ marriage, Adrian was employed as a police officer with the Indianapolis Metropolitan Police Department (IMPD) and was a member of the 1977 Police Officers’ and Firefighters’ Pension and Disability Fund (1977 Fund). Brooke filed for divorce in November 2015. Adrian was placed on unpaid suspension starting July 30, 2016, following a violent incident at…

Read More

Court Finds Brain Injury Is Not Physical Incapacitation

While he was on duty on August 12, 2014, Baltimore Police Officer Carlos Couret-Rios was in a car that was rear-ended. His head snapped forward and back and he briefly lost consciousness. When he regained consciousness and got out of the car, he experienced severe vertigo. A physician diagnosed him with post-concussion syndrome and prescribed vestibular therapy to improve his balance and reduce the problems related to dizziness. While…

Read More

Ability To Work Light Duty Ends Disability Claim

The Illinois Pension Code defines a disability as “a condition of physical or mental incapacity to perform any assigned duty or duties in the police service.” A recent case involving the Chicago Police Department showed how the availability of light-duty work can impact an officer’s disability status. The case involved Ryan O’Donnell, who broke his right clavicle in 2006 while training at the police academy and was subsequently awarded…

Read More

Stuttering Corrections Officer Wins $500k Disability Discrimination Claim

California’s Fair Employment and Housing Act (FEHA) provides state remedies similar to those available under a variety of federal discrimination laws. One provision in FEHA bars disability discrimination. Augustine Caldera is a correctional officer at a state prison. Caldera stutters when he speaks. The prison’s employees mocked or mimicked Caldera’s stutter at least a dozen times over a period of about two years. Sergeant James Grove, a supervisor, participated…

Read More

Bias And Disability Hearing Boards

Sara Naden is a lieutenant with the Sugar Grove, Illinois Fire Protection District. Naden testified that during her career, she was subjected to intense criticism, ridicule, and sexual harassment by her male coworkers – both her subordinates and her superiors. According to Naden, she had “crying spells” and “anxiety attacks” at work, and she “continually felt sick to her stomach.” On March 10, 2014, Naden sought treatment from her…

Read More

Training Exercise Not ‘Emergency’ For Purposes Of Post-Disability Health Insurance Law

Steven Garris was a fire lieutenant with the Village of Lake Zurich in Illinois. On March 1, 2012, Garris participated in an exercise called “Personal Escape Bags Inservice.” The exercise involved the use of rappelling equipment designed to assist firefighters escaping from buildings. While performing the exercise, Garris sustained a broken ankle. Garris’s injury was caused by “his weight acting as force against the injured extremity while rappelling.” Garris…

Read More

Threats Made By Family Of Suspect Shot By Officer Do Not Amount To ‘Extraordinary Stress’

Linda Burt-Redding worked as a patrol officer in the Grand Chute, Wisconsin Police Department. On August 29, 2002, and while in the line of duty, she shot an individual who belonged to a street gang, was threatening motorists, and was wielding a knife. Following the shooting, Burt-Redding received threats which fell into three categories: (1) Threats made directly to Burt-Redding; (2) threats made directly to her son; and (3)…

Read More

Detective Not Required To Have Surgery

Patrizia Prew, who held the rank of detective after more than 15 years of service in the Providence Police Department, injured her right hand and wrist as she attempted to detain a juvenile following a disturbance outside his school. Thereafter, her status was “injured on duty,” and her doctor diagnosed her with post-traumatic carpal tunnel syndrome. Her physician recommended surgery, but, due to a fear of surgical complications, Prew…

Read More

The EEOC, The ADA, And Leave

On May 9, 2016, the EEOC published a “document seeking to provide general information to employers and employees regarding when and how leave must be granted for reasons related to an employee’s disability.” The document largely restates existing law, but in some respects calls for a reexamination of the leave policies in public safety agencies. To begin with, the EEOC has reiterated its somewhat unusual position on requirements for…

Read More

Anxiety Disorder Disqualifies Police Officer From Job

Jason Jordan was hired as a police officer by the City of Union City, Georgia in 2012. Early in Jordan’s training rotation, his supervisors became concerned about his lack of engagement in tactical situations. During a debriefing after one such situation, Jordan explained that his feelings were consistent with anxiety “episodes” or “attacks” that he had had in the past. The City immediately relieved Jordan of duty. The next…

Read More

Disability Benefits For Retired Firefighters Can Be Tied To Wage Reductions

A group of disabled firefighters sued the City of Newburgh, New York, claiming the City had unlawfully reduced their disability benefits. The firefighters receive “performance-of-duty disability retirement allowances” from the New York State Retirement System as well as supplemental benefits from the City in the amount of the “difference between the amounts received under their allowances and the amount of their regular salary or wages.” On January 10, 2011,…

Read More

PHP Code Snippets Powered By : XYZScripts.com

Powered by WishList Member - Membership Software