A continuing trend

"Legal Briefings for Fire Chiefs" is a monthly newsletter produced by EDM Publishers.

E. Michael Quinlan, Esq., is the President of EDM.

In the just released May 2011 issue he reviews a disputed claim for accidential disability retirement.

The court was considering if the events leading to the injury were from an accident or a risk inherent in the duties of a firefighter.

Inherent risk means no accidential disability benefits. Please note his comments:

Editor’s Note:

This case is indicative of a definite trend. In recent years, we have observed a dramatic increase in the number of accidental disability retirement cases which are vigorously contested by local governments and states.

One must assume that a compelling reason is the current financial crisis and the tremendous financial burden from all forms of retirement obligations on local governments.

That said, we look for more of these cases in the near future and, like this case, we will report those indicating a trend that all fire departments should be aware of .

Earlier this week we looked at two law enforcement worker compensation experiences.

Both suffered severe, life-changing injuries that create a lifetime of medical care issues.

Corporal David Brown was successful in his lawsuit to gain eligibility for worker compensation for his in-uniform on motorcycle private service at a funeral procession.

The city is appealing the court's decision. Brown has $1.5 million in unpaid medical bills.

Officer Jason Schechterle was told by the state Industrial Commision that he was cleared for full duty as a police officer, a decade after he was trapped in a crushed police car and "burned beyond recognition."

A pre-recession example

I was in the middle of the "two-hatter" debate a decade ago. Described the worst case scenario from a Fort Worth, Texas, suburban line of duty death incident:

Brian Collins and Phillip Dean were career firefighters in Fort Worth, Texas, and members of the River Oaks Volunteer Fire Department.

Both responded to a Lake Worth, Texas, church fire in February 1999.

The roof of the burning church collapsed, killing Collins, Dean and Gary Sanders, a Samson Park Volunteer Fire Department member.

This tragedy worsened when the Fort Worth City retirement board ruled that neither Collins nor Dean were eligible for line-of duty death benefits because they weren't working as city firefighters when the roof collapsed.

Both wives were pregnant, one also had a 5 year old boy and a 2 year old girl.

The difference worked out to $1,600 a month per family. Neither the city of Lake Worth nor the city of River Oaks would assume the $456,000 obligation to cover the line-of-duty benefits for Collins and Dean.

Their widows took the retirement board to court and lost the first two rounds.

In April 2001, they were preparing an appeal to the state supreme court when Fort Worth Mayor Kenneth Barr was able to convince the city to pay the full line-of-duty death benefits.

From Fire Chief Magazine, January 2003, Brother vs. Brother .

If we had that situation today, not sure that the mayor could convice the city council or the public to committ a half-a-million dollars for city employees who died off-duty and out-of-town.

Assume the worst and appropriately prepare

It is the role of the risk manager to minimize municipal obligation and liability. 

For example: General employees of a large county were told that their medical bills would not be paid if they were involved in a vehicle collision while on duty and did not use a seat belt.

Consider participating in the Firemen's 5k on May 28 in Fort Worth

The Firemen's 5k was established in 1999 by Gary Stevenson in memory of the firefighters who died while fighting a church fire in Lake Worth, Texas.

The 5k originally began as a way to benefit the familes. However, in 2001 the families decided to continue the 5k in Phillip Dean's and Brian Collin's memory and for one hundred percent of the proceeds to benefit The Compassionate Friends and The WARM Place.

Both of these organizations are grief support groups to aid people when a loved one has died. It is a way to give back to the community who so generously gave after the death of these fine young men.

The tradition continues to honor Brian and Phillip and the great men and women who risk their lives on a daily basis to keep others safe.

Mike "FossilMedic" Ward