Legal Question in Workers Comp in Pennsylvania
Workers Compensation
I am a Police Officer and was injured at work. I had a surgery performed on my left hand, which is my dominate hand. I was just asked to work light duty and that entails me patrolling the Township in an unmarked vehicle with out a firearm due to the fact there is a series of arson that are occuring. I feel that as a police officer by law I am required to act if I observe a felony in progress. I also feel that this is a liability. My doctors note states may use left hand for light activities, no pushing, pulling, grasping, or use of a firearm. I was asked that if I observe anything while patrolling I am to call 911.. Does this make any sense or can my employer ask me to do this ???
3 Answers from Attorneys
Re: Workers Compensation
It sounds to me that your inability to use you wewapon keeps you on wc, you need to get your uniopn involvedf
Re: Workers Compensation
It sounds to me that your inability to use you wewapon keeps you on wc, you need to get your uniopn involvedf
Re: Workers Compensation
Are you part of a collective bargaining unit? PSP? Fraternal Association? Seems like you are being demoted, not given light duty. Your superiors may be in violation of a CBA. The caselaw which developed under the Kachininsky progeny should protect you but most likely will need to be litigated.
If so, expect to pay 20% of your continuing compensation to your counsel. Ask him if he can bring an unreasonable context defense to any proceedings to suspend, modify or terminate Workers' Comp. That request would allow the WC Judge to rule your indemnification will be a full 100% and the attorney paid by the insurer.
A rule of reasonableness applies. If, that is, you are not being asked to work beneath an existing described bargaining unit.
Your facts suggest a Coatesville, PA arson assignment. What if you return to work on Mon and the arsonist is apprehended on Tues?
It comes down to this: Only Sherriff Andy Griffith performs law enforcement without a weapon. It is essential to the job function. No weapon, no RTW in my humble opinion.
But we lawyers don't pull such observations out of a Black Box. We require litigation.
Good Luck. And stay safe out there.
TV
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