Q: Police officer hurt in line of duty, car accident. 2 years Heart\Lung. Failed suicide. Approved pension denied by Chief.
Police officer hurt in line of duty, car accident. On Heart & Lung for two years. Removed from Heart & Lung and placed on admin leave and workmen's comp after Failed suicide attempt. My doctor said I could no longer be a police officer due to the accident. Sent for independent medical exam and they agreed. I was fired the day of that exam and workmen's comp payments also stopped. I was approved by the pension board for a disability pension. Per the union rep the chief said I don't deserve the pension and instructed the department that does the calculations and payroll to ignore the board's decision. 1. is the chief doing something ethically and or criminally wrong? 2. Who would i report them too? 3. Would I have a case for workmen's comp or do I pursue the pension in some civil way?
A: This is a complicated fact pattern, and you really should meet with a workers' compensation attorney in your area. From the limitted information available, you certainly appear to have a workers' compensation claim. You should know that taking the pension may reduce the amount you receive from workers' compensation, so it may be in your best interest to put of taking the pension until after the workers' compensation is settled.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
