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NH Supreme Court Limits Scope of Fireman’s Rule
The New Hampshire Supreme Court released a decision yesterday on a case brought by a firefighter who was injured in 2008 at the scene of a fire against the owner of the property. On January 29, 2008, Epping firefighter Jason Antosz responded to a fire at Doree Allain’s house. The fire was in a water heater and while retrieving a fire extinguisher, Antosz slipped on accumulated ice and snow in Allain’s driveway and was injured Antosz sued Allain claiming she was negligent in the maintenance of her premises. Allain sought to have the case decided in her favor as a matter…
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When Is a Raise Not A Raise?
Question: Is a step increase a raise? I suppose to the public and politicians, a step increase most certainly is a raise. One day a firefighter receives X for compensation, then next he receives X + Y. It looks like a raise, it quacks like a raise, therefore it is a raise…. Right? So why am I am struggling to find common ground with them on this issue. A step increase is different from a “raise”. A raise is an increase in pay… no wait, that doesn’t explain it. … mmm. How do I explain it. A step increase is…
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PA Medic Claims Termination Over Supervisor’s Cursing Is Religious Discrimination
A Pennsylvania paramedic who was terminated last May, has filed a discrimination lawsuit alleging he was fired due to his religion. Medic Paul Newell claims a supervisor’s use of vulgar language prompted him to file a complaint, which in turn led to his termination from the Lower Valley Ambulance Service. Newell claims the supervisor’s use of profanities was offensive to his religious beliefs, and the termination was retaliation for his legitimate request for the cursing to stop. According to the complaint, Newell was told he was fired for “misprioritizing” ambulance runs. Newell disputes that he made an error in judgment claiming…
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Erie Seeks Reversal of Verdict in Favor of Wolski
The city of Erie, Pennsylvania is asking a Federal court judge to reverse a jury verdict in the wrongful termination/discrimination case of female firefighter Mary Wolski. Recall two weeks ago the jury granted Wolski $206,000 in back pay and reinstatement finding her termination to violate the Americans with Disabilities Act. Wolski was terminated in 2007 following her attempted suicide in December, 2006 by setting a fire. The city’s motion asks the court to find as a matter of law that the evidence was insufficient for a jury to rule in Wolski’s favor. More on the motion. For a recap of the…
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Judge Rules County Not Liable for Discrimination But Union Is
A Federal court judge in Florida has overturned a jury verdict against Pasco County in a discrimination suit filed by two firefighters. The two firefighters, Anthony Booth and Jerry Brown, claimed their captain discriminated against them on the basis of their race and religion. Booth is a firefighter/EMT, who is Hispanic, and Brown is a driver/engineer, whose wife’s family is Jewish. They later sued the county and IAFF Local 4420 claiming they were retaliated against for filing the initial complaint. On January 31, 2012, a Federal court jury agreed, awarding the pair $189,000. This week, Judge James Moody concluded that the…
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LA County Firefighter Wins Comp Claim for Hedge Trimming Injury at Home
Today’s Burning Question: I was on duty as a firefighter and was at my house doing some paper work. On my way back to the station, my wife asked me to trim some wisteria bushes, and in the process I fell off a ladder injuring my back and neck. The fire department denied me workers compensation coverage. Shouldn’t I be able to recover? Answer: According to the Second District Court of Appeals in California, an on duty firefighter who is injured while engaging in activities that his employer allows him to engage in, is covered by workers compensation under the…
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Someone Created A New Fire Department In My Backyard
Today’s Burning Question: Can someone just create a fire department? We have a person in our response district that purchased a used fire truck, and he has now approached the mayor about responding to alarms. The fire districts in our area have all turned him down but we are concerned about what will happen if he just shows up at emergency scenes. He calls himself a fire chief, has painted the name Independent Fire Department on his engine, and he even has a badge and a uniform. We have no idea about his credentials and are concerned that he may…
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Atlanta Jury Finds Problem with Investigation of Promotional Exam
Yesterday, a Fulton County jury found that Atlanta Fire Rescue failed to fully investigate allegations of cheating on a 2010 promotional exam. The suit was brought by three Atlanta firefighters claiming that certain black firefighters were coached and given access to exam materials prior to the test. The three plaintiffs, two white and one black firefighters, filed a class action lawsuit on behalf of all of the firefighters who took the lieutenant’s exam in April, 2010. They alleged that one study group of five firefighters were provided with answers, and that the city’s Human Resources department performed a superficial investigation…
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Huntsville Fire Faces Sexual Harassment Quandry
Today’s Burning Question: I am a fire chief and two of my firefighters, a male and a female, were in a relationship that appears to have ended badly. They continued to work together until recently when they filed sexual harassment charges against each other. The EEO investigators were not able to verify either side’s allegations. What is evident is that they cannot continue to work together so I transferred them both. Now the woman is claiming I retaliated against her for filing her sexual harassment complaint. What should I have done? Answer: Chief, you were (and are) in a no…
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Nebraska Suit Seeks to Force Appointment of a Fire Chief
Today’s Burning Question: My fire department is currently without a fire chief. The city had an interim chief but civil service rules limit interims to four month terms and that time has expired. Can I sue the city to force them to appoint a fire chief? Answer: You can in Nebraska! Scott Kuehl, a fire captain with the Grand Island Fire Department, and president of IAFF Local 647, filed suit on February 15, 2012 to force the city of Grand Island to appoint a fire chief. The suit is based on a Nebraska statute which reads as follows: 16-222.02. Employment…
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Command to Planning, Did Our Legal Unit Do A Title Search on This Property?
Today’s Burning Question: My fire department got an acquired structure to use for some hands-on training. The owner gave us a formal release and hold harmless agreement. Is there anything else we need to do? Answer: Yes… make sure you do a title search to be certain that the person who claims to be the owner actually is the owner. That is what a property owner in Oak Park, Illinois is claiming the fire department should have done back in 2008 before allowing its personnel to train in a house he owned. This “you can’t make this stuff up” case…
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Chicago Settles Wrongful Death Suit for $1.75 Million
The city of Chicago has agreed to settle a wrongful death lawsuit brought by the family of an 13 year old girl who died in 2002 from an asthma attack. Arielle Starks died when paramedics allegedly failed to properly intubate the youngster, got in an accident enroute to the ER, and then failed to recognize the mistake in the airway. The settlement is reported to be $1.75 million. View more videos at: http://nbcchicago.com.
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Buffalo Firefighters Awarded $2.5 Million in Reverse Discrimination Suit
Not sure how we missed this last week, but twelve white firefighters from Buffalo were awarded $2.5 million in a reverse discrimination suit that was filed back in 2007. The suit alleged that the city purposely allowed promotional lists to expire so that new lists with more African Americans on it could be used. State Supreme Court Justice John A. Michalek ruled in favor of the firefighters on the merits of the case back in October, 2010, citing testimony by a city official who said the decision to let the list expire was based on concerns about a possible suit…
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