Friday, May 23, 2008

Dilemma

There's court law backing it up:
  • You're on vacation, out running and you fall and break your ankle. You're out of work as a consequence of the injury.

    Would you think of applying for Worker's Compensation Benefits? David Tomlin did, and won. Let me explain.

You can read the whole story here. It's not a lengthy explanation, but we don't publish entire articles here or in the comments because (A) it takes up too much space and (B) it's a copyright violation.

The short version is Beverly Hills, California SWAT Officer Tomlin is required as a condition of his employment to take a physical every year. Since he was training for work, he's entitled to Workman's Comp, despite of the fact he was in Wyoming on vacation when he broke his ankle. Are we to assume that all training accidents in Chicago will be covered as IOD's once J-Fed gets his physical fitness standards passed?

It opens up a can of worms that Daley will not want to deal with - and can't afford to deal with.

Labels:

27 Comments:

Anonymous Anonymous said...

The only thing we can't afford to deal with is another generation of fatass lazy cops who don't respect their bodies. P.S. Chicago P.D. is exempt from workers comp and even if we were not, the case you quoted has no bearing and certainly not legal precedence here.

5/23/2008 12:21:00 AM  
Anonymous Anonymous said...

SCC your going to love this one. The good old drop case is about to get alot of attention in the near future. There are a few slick ass lawyers who have figured out that they can sue a P.O. directly for punitive damages without naming the city. It works like this. When these stupid ass felony branch judges find no probable cause at the preliminary hearings for the one rock drop case, the shitbirds who got locked up retain the lawyer who puts a case on the officer for civil rights violations. The violation of course being why did you arrest this individual, a judge found you had no probable cause. Since the city will only cover us for compensatory damages, this has nothing to do with the them and makes the claim that we acted outside the scope of our office. No legal support from our employer with the deep pockets. I'm just wondering how far back they will be looking. I'm not sure if there is a statue of limitaion on this sort of thing but if I was going to pull some shit like this I'd go after the ones with the money, and an exempt making 130,000 plus looks a whole lot better than some poor shmuck copper barely bring home enough to feed his family. This is no rumor either, more than one officers getting the hammer dropped on them right now. Good luck to those guys they know who they are, hope there's a way to stick it to those fucking blood suckers.

5/23/2008 05:51:00 AM  
Anonymous Anonymous said...

Well you do deduct the amount of money spent on ammo, targets, mandatory haircuts, supplies & equipment for work do you not? If it's mandatory that we maintain a specific grooming appearance, such as haircuts, and the federal government deems it legitimate to deduct that expense from our taxes as employment related, not to mention the requirement that we maintain a landline phone which is also deducted from our taxes, working out due to mandatory physical standards will most definitely be covered in some manner. The point is, you know the Shitty's gonna fight it, and we will most certainly win it. The question is there tho, are those that fight the city gonna do it all the way and make them pay for every dime you spent plus damages or are you just gonna settle for getting your paycheck back?

Get a smart labor lawyer, tell them up front you're in it for the gold, not just back pay and tell him to push for immediate resumption of pay benefits until the case is won.

5/23/2008 08:08:00 AM  
Anonymous Anonymous said...

Scc,

It's funny that you bring this up. Te City is proposing a change to our current Non-Iod Injury. The Ciry wants to basically do away with non iod limited duty statuses. So if you have a heart attack,stroke,cancer serious back surgeries, othorpedic inuries etc. you're going to have 1 year on the limited duty for every 4 yrs on the job. The kicker is those on the job already, IF this proposal is accepted WILL NOT BE grandfathered in. Once your medical is exhausted you have 4 options QUIT,GO BACK FULL DUTY,DISABILTY, OR RETIRE.Call FLOP and ask them about it. My problem with this is if they change this then IOD injuries are next.

5/23/2008 08:10:00 AM  
Anonymous Traveler said...

To the first poster, if this is true that would be the nail in the coffin for this department. If we are held liable for the judges finding of no probable cause then I will never put my name on a complaint again. On view Plain view, Blinders up! We will no longer be the police. No PC is almost as common as not getting felony charges approved from the crooked ASAs. Even with PC they dismiss it just to move along or because it is "not criminal enough."

5/23/2008 08:12:00 AM  
Anonymous Anonymous said...

And to the first poster at the top, exactly how many attorney's are gonna line up to sue only the cop and not the city? How much are you worth? Exactly how damaged was the victim who got off scott free? So some shithead's freedom was revoked for a period of what 24 hours before getting set free? Exactly how many millions do you think that's gonna be worth? Attorney's fees maybe? You may see a case or two, but only by the ambulance chasers and they ain't gonna get much in the unlikely event they do win. No one's gonna jump on that bandwagon, and good luck subpoenaing all those judges as winesses. In their defense, the officers will have the right to depose all those judges and force them to reveal exactly how there was no probable cause even when the paper was written without mistake. It then comes down to being a judgement call by the judge, which we all know is more like every other one goes free, and since there is usually no testimony other than yes or no, good luck with the judge claiming the he didn't find the officer's testimony credible, from a couple yes and no answers.

Never gonna get anywhere bro, even tho there are tons of punk kid lawers out there who think they're gonna make themselves famous trying, cause it ain't this mule their gonna be able to do it on, and no judge is gonna allow it to happen.

5/23/2008 08:16:00 AM  
Anonymous Anonymous said...

Can you give us one legit example of a lawyer going after a P.O. for a "finding of no probable cause" case?

This sounds like an urban legend. Watch out--the bogeyman is in your closet.

5/23/2008 09:03:00 AM  
Anonymous Anonymous said...

most surburban police depts have workmans comp claims, but they dont have the medical that we have ----catch 22

5/23/2008 09:10:00 AM  
Anonymous Anonymous said...

It does make sense....

If the city requires a physical fitness standard then they have to cover us for injuries when we train on our own time. They sure won't allow physical training while on-duty, can you imagine all the IODs?

Therefore, I can't see them ever requiring a Power Test. They should, however, up the reward for passing once a year. Make it worth while, and more officers will sign up and get in shape.

5/23/2008 09:29:00 AM  
Anonymous Anonymous said...

The words "willful and wanton" still apply in drop cases. Also, remeber when a watch commander approves the A/R for initial probable cause not only at the time of arrest but also at the time of transport to the county. The departmetn is also on the hook. Make sure you state all of your probable cause. Better yet, inform the good citizen that it appears they have dropped something, wave and drive on by.

5/23/2008 10:18:00 AM  
Anonymous Anonymous said...

SCC,

I have one even better than that. After CPD I went to Arizona to be work as the Police. Because of the high tech radio systems in use each PO is issued their own radio embedded with their call number.

A PO who worked for me was driving to work in his POV, in uniform with his radio. he was involved in an accident en route to work and was able to claim it as a Worken's Comp case.

The reason - he was in uniform and equipped to do his job. Also, because Arizona provide statewide jurisdiction to all certified officers there is an expectation that if the officer was to on-view an incident they would be required to take action.

The PO rode the medical for a while and was then provided with an inside job until he healed; took about a year. He was also allowed to file suit, but had to reimburse workmen's comp back upon reaching the settlement.

Officers learn your rights.

Be safe this holiday weekend.

5/23/2008 11:07:00 AM  
Anonymous Anonymous said...

Yes. Please make me do a strenuous physical fitness test before I am promoted so that I can have a heart attack and sue the fuck out of this city. Make me sign any waiver you want, but if I go down, a lawyer will still go after you with protruding fangs.

5/23/2008 11:27:00 AM  
Anonymous Anonymous said...

The city will have to cover us. We were acting in good faith under color of law when we made the arrest.

5/23/2008 12:01:00 PM  
Anonymous Special K said...

If it's no rumor and more than one coppers getting slammed right now who are they or what district do they work in????

5/23/2008 02:53:00 PM  
Anonymous Anonymous said...

When are we going to have open season on lawyers? Just a thought.

5/23/2008 03:36:00 PM  
Anonymous Anonymous said...

man down......im in florida....send me a sgt!!!!

5/23/2008 06:41:00 PM  
Anonymous Anonymous said...

My guess that any job or promotion that you want outside of working a beat car (yes, this includes TACT) --- you'll have to pass a physical. So, if I join a fitness club because of the job, can I deduct the monthly fees on my taxes. How about an increase in our uniform check to cover a decent pair of running shoes (say $70 to $100) and some work out gear. It should be worth at least an extra $150 a year in uniform allowance. Are you listening FOP...

5/23/2008 07:46:00 PM  
Anonymous Anonymous said...

To the first commenter: What are you saying,PT being a job requirement/condition of empolyment and you are injured while doing PT and the city is not required to take care of you?.by all means please explain to us how this process works because i sincerely beleive that a very good labor lawyer would give the city a good run for it's money. Then can you imagine how many offices that are going to be injured due to this requirement and the city dealing with the multiple lawsuits for compensation/remedy.Due to the law of averages I can garantee that a lot of officers are going to sustain injuries,pulled muscles,sprained body parts,muscle tares.Not attempting to be sarcastic just sincerely want to know what options i will have available to me encase somethng major happens.

5/23/2008 09:01:00 PM  
Anonymous Anonymous said...

Never gonna get anywhere bro, even tho there are tons of punk kid lawers out there who think they're gonna make themselves famous trying, cause it ain't this mule their gonna be able to do it on, and no judge is gonna allow it to happen.



Same mentality with the "signed affidavit"??? Oh, yes, its going to work! Its going to cut down on the bullshit CR's!....
Untill the mopes figured out that the State wont do a damn thing about it!

I wouldent want to be the "test case"! How 'bout you?

5/23/2008 11:57:00 PM  
Anonymous Anonymous said...

the only thing we cant affored to deal with is another generation of fatass lazy cops.....
yes i may be fat but i guarantee i do a lot more police work than some of you in shape guys who spend all day looking in the mirror and eating supplements...
remember one thing ROUND is a shape asshat!!!!

5/24/2008 01:24:00 AM  
Anonymous Anonymous said...

Te City is proposing a change to our current Non-Iod Injury. The Ciry wants to basically do away with non iod limited duty statuses. So if you have a heart attack,stroke,cancer serious back surgeries, othorpedic inuries etc. you're going to have 1 year on the limited duty for every 4 yrs on the job.
---------------------------------
how is this much different than any other job where the employee just can't perform the job? at some point you have to cut them loose and hire someone who can do the job.

5/24/2008 10:42:00 AM  
Anonymous Anonymous said...

Hmmm...
Training to take the power test once a year for $250.00 or sit in court at least a total of 9 hours a month for $200.00(+) take home a month.

1- miss d. court
1- fel. court
1- traf ct.
or impound.

Hmmm....I'll take court.

5/24/2008 01:39:00 PM  
Anonymous Anonymous said...

Our W/C was reading from the C.O book at roll call the other day about anyone who signed up for the upcoming dog handler/ Explos. Tech. test, have to submit a letter from a Doctor by a certain date that verifies that they are capable of doing the job?
I was half listening. What's with that???

5/24/2008 06:29:00 PM  
Anonymous Anonymous said...

"how is this much different than any other job where the employee just can't perform the job? at some point you have to cut them loose and hire someone who can do the job."

That's the point your job isn't like any other job. Alot of the medical issues officers have now come from this job.

5/24/2008 10:28:00 PM  
Anonymous Anonymous said...

Te City is proposing a change to our current Non-Iod Injury. The Ciry wants to basically do away with non iod limited duty statuses. So if you have a heart attack,stroke,cancer serious back surgeries, othorpedic inuries etc. you're going to have 1 year on the limited duty for every 4 yrs on the job.
---------------------------------
how is this much different than any other job where the employee just can't perform the job? at some point you have to cut them loose and hire someone who can do the job.

--------------------
to the above post, you are OBVIOUSLY not the police, because if you were one AND working patrol anwsering 911 calls daily, six days straight, you NEVER would post such an IGNORAMUS statement.

5/24/2008 11:01:00 PM  
Anonymous Anonymous said...

Go to Burbs cop chicago blog under Northlake and see how fucked up that department is.

5/27/2008 06:07:00 PM  
Anonymous Anonymous said...

City is proposing a change to our current Non-Iod Injury. The Ciry wants to basically do away with non iod limited duty statuses. So if you have a heart attack,stroke,cancer serious back surgeries, othorpedic inuries etc. you're going to have 1 year on the limited duty for every 4 yrs on the job.
---------------------------------
how is this much different than any other job where the employee just can't perform the job? at some point you have to cut them loose and hire someone who can do the job.

--------------------
to the above post, you are OBVIOUSLY not the police, because if you were one AND working patrol anwsering 911 calls daily, six days straight, you NEVER would post such an IGNORAMUS statement.
--------------------------------
I am not the police. The point is that if someone cannot perform the job they were hired to do, for whatever reason, at some point you have to replace them with someone who can do the job. that is what disability is for. If the guy is never coming back on full duty, he needs to be replaced.

If after going on disability, down the road the guy heals enough that he can come back, let him come back. A year of limited duty is a long time for the rest of the force to be covering for someone.

As best i can tell, limited duty is stuff that really isn't police work, but make work. That job would not exist if the guy was able to perform his normal duties.

5/30/2008 09:47:00 AM  

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