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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…

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Pregnancy And Light-Duty Work

In July 2008, Ann Marie Legg, a corrections officer at the Ulster County Jail in New York, requested that she be permitted to work light duty during the course of her pregnancy. The County denied her request on the basis of a 2007 policy that allowed only employees injured on the job to receive light-duty assignments. The County offered Legg two options: (1) to work full duty in positions…

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ADA Does Not Require Light Duty For Oft-Injured Officer

Kristal Scott suffered multiple injuries during the time that she was employed as a Detroit police officer. In 2011, she fell down the stairs while on duty responding to a call. On July 13, 2012, during job-required scooter training, she crashed her scooter into a metal barricade at low speed when an insect flew into her helmet and she attempted to avoid hitting a bike. On September 20, 2012,…

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The ADA And Light-Duty Jobs

Repeating a result that has been reached many times in courts across the country, the federal Second Circuit Court of Appeals has illustrated how difficult it is for public safety employees to claim that their employers should accommodate their disabilities by assignment to a light-duty position. The case involved Sergeant Michael Garvey of the Town of Clarkstown, New York. Garvey suffered a knee injury while on duty, was placed…

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Court Upholds Limited-Duty Assignment Of Cleveland Officers Involved In High-Profile Shooting

In November 2012, thirteen police officers engaged in a high-speed car chase in Cleveland, Ohio. When the car finally came to a stop, the officers fired 139 bullets into the vehicle, killing the two African-American suspects inside. The media started reporting the story, framing it as twelve Caucasian officers and one Hispanic officer shooting and killing two unarmed African-American suspects after a high-speed car chase. The community response was…

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