Firefighter Entitled To Workers’ Compensation For Basketball Injury

Charles Leipzig started working as a firefighter for the City of Kenosha, Wisconsin in 1990, and was promoted to the rank of captain. While Leipzig was on active duty on a 24-hour shift, he would from time to time play basketball with fellow firefighters and members of the public in a city park next to the fire station. It was common for on-duty firefighters to play basketball during their…

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Firefighters’ Immunity From Driving Liability Does Not Violate Constitution

On May 19, 2007, two fire trucks from the city of Waterbury, Connecticut were among other fire rescue vehicles responding to a report of a kitchen fire on Eastern Avenue in Waterbury. Joseph Fischetti operated Engine 12 while John Keane rode in the front passenger seat. William Mahoney operated Truck 1. As the two trucks approached the intersection of East Aurora Street and the Route 73 connector to Route…

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Pennsylvania’s Heart And Lung Act Does Not Apply To Volunteer Firefighters

A Pennsylvania statute known as the Heart and Lung Act calls for the continuation of full salary and benefits when members of fire departments and law enforcement agencies are injured while in the line of duty. When Joseph Soppick, a volunteer firefighter for the George Clay Fire Company, was injured in the line of duty, he sought not only benefits under Pennsylvania’s Workers’ Compensation Act, but also under the…

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Injury Leave Does Not Extend Firefighter’s Probationary Period

The probationary periods of newly-hired employees are occasionally interrupted by injury or sick leave, used either for job-related or off-the-job injuries and illnesses. In the absence of specific language dealing with the issue, can an employer extend probationary periods by the amount of time missed due to leave? The federal Seventh Circuit Court of Appeals answered the question “no,” at least insofar as Illinois law is concerned. The case…

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Officer Loses Post-Traumatic Stress Claim

William Biasetti was a police officer with the Stamford, Connecticut Police Department. On May 24, 2005, Biasetti was involved in a high-speed car chase on Interstate 95 during a torrential rainstorm. At the conclusion of the high-speed chase, Biasetti was engaged in a gun battle with the suspects and was in fear of losing his life. During the course of the gun battle, Biasetti injured his right elbow and…

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Sergeant’s Injury On Way To Medical Treatment Is Compensable Under Workers’ Compensation

Robert Straub is a sergeant with the Scottsbluff, Nebraska Police Department and was employed in that capacity when he suffered injuries as a result of two accidents within a six-week period of time. The first accident occurred on June 25, 2006, when Straub was struck by a passing vehicle during a routine traffic stop. The accident resulted in a fractured left iliac and lower back complaints with associated soft…

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Attorney Violates Firefighter’s Due Process Rights In Disability Hearing

Darren Williams, a firefighter with the Village of Morton Grove, Illinois, filed an application for a line-of-duty disability pension with the Board of Trustees of the Morton Grove Firefighters’ Pension Fund. Williams contended that he injured his right shoulder while responding to an ambulance call during which he transferred a patient from an ambulance cot to a hospital bed. The local Pension Board consisted of three firefighters, the president…

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Officer Loses Claim For Injuries Suffered While Traveling To Medical Treatment

Tania Esquivel is a corrections officer who works for the Corrections Corporation of America. Esquivel suffered a series of on-the-job injuries, and was receiving medical treatment from a doctor in San Diego, where Esquivel lived. The doctor referred Esquivel for treatment at a San Diego pain facility. On May 21, 2007, Esquivel drove from her home in San Diego to her mother’s home in San Bernardino County. Within minutes…

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Officer Responding From On-Call Status Injured In The Line Of Duty

Eluid Hinojosa was a sergeant in the Harris County, Texas Constable’s Office. Hinojosa was an advanced accident investigator and reconstructionist. On the day of his accident, which was a Saturday, Hinojosa was scheduled to begin his shift at 2:00 p.m. On Saturday morning, the precinct to which he was assigned did not have a sergeant on duty. The “sergeant on call” was available to be called to a scene…

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Corrections Officer Entitled To Overtime For Medical Treatment

Towards the end of his shift, a corrections officer working for Broome County, New York was bitten by an inmate. The officer remained on site after the end of his shift, and obtained medical treatment for the injury. The officer later sought four hours of overtime for the time spent in receiving treatment. An arbitrator upheld a grievance challenging the County’s denial of the request for overtime. The Arbitrator…

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Sergeant Entitled To Job-Related Benefits For Recurrence Of Back Injury 16 Years After Original Incident

In 1990, a sergeant for the City of Brockton, Massachusetts Police Department injured his back while breaking up a fight in a bar. At various times over the subsequent ten years, the sergeant aggravated the injury in different ways. All of the sergeant’s absences from work over this ten-year period of time were treated as job-related injuries. In 2001, a physician concluded that the sergeant had reached the “medical…

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Sergeant Loses Lawsuit Over Batmobile

A mobile office for the anti-drunk driving unit of the West Virginia State Police is known as the “Batmobile.” On September 20, 2005, Sergeant David Hawkins was working as a sergeant in the Batmobile. When Hawkins was routinely exiting the Batmobile with a cape slung over his shoulder, the cape caught on a hook-shaped latch on the vehicle, yanking him backwards and herniating three discs in his back. Hawkins…

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