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Terminated West Virginia Firefighter Reinstated – But Concerns Continue
A strange case out of West Virginia seems to be coming somewhat back down to earth. Firefighter AJ Shinn, 34, of the Nitro Fire Department was accused of being 2 minutes late for work on April 14, 2011. He was given a 2 day suspension without pay, and believing that to be rather harsh he filed an appeal. In a shocking move last May 17, the hearing board terminated Shinn, a 13 year veteran and single father of three. Shinn immediately alleged that he had been subjected to a hostile workplace for over four years. He claimed that firefighters who…
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Pennsylvania Fire Company Sued In Train Deaths
A volunteer fire company in Pennsylvania has been sued for wrongful death after a mother and child were struck and killed by a passing freight train. The basis for liability was an opening in a fence on the department’s property that had been used by the public as a means to cross the tracks. The suit was filed on August 2, 2011 by Elmer Smart, father of two year old John Smart, who was killed on October 30, 2009 when he tried to cross the tracks with his mother, Sheila Singer. Smart sued the Derry Volunteer Fire Department and Norfolk…
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Boston Jake On Trial For Disability Pension Fraud
The trial of a former Boston firefighter on mail fraud charges began this week in US District Court. Albert Arroyo, 49, took a disability retirement in 2008 following what he claimed was a debilitating slip and fall injury. Two months later he was caught competing in a body building contest. Federal prosecutors filed mail fraud charges against Arroyo, and plan to prove that he was living a life that included playing baseball and competing in bodybuilding contests while claiming to be permanently disabled. According to prosecutors, Arroyo sought $65,000 per year in disability payments for life. Arroyo’s lawyer claims that…
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San Antonio Living Will Case Sparks Law Change in Texas
There’s a very interesting case out of San Antonio, Texas that I have been trying to find enough time to write about. It involves an issue that Mike Morse and I discussed a while back concerning living wills, durable powers of attorney, and DNR orders. Here is the news video about the case. There are two big questions that I see: FIRST: Were EMS personnel justified in stopping care based on a Living Will? That seems to have been answered in the affirmative in so far as the state EMS authorities are concerned. No personnel were disciplined. Take a look at…
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FLSA Overtime Suit Filed in Kansas City
A Kansas City, Missouri Fire Department EMT has filed a class action lawsuit against the city alleging that overtime pay for EMTs and paramedics has been improperly calculated. Marissa Hermsen filed suit yesterday alleging that EMTs and paramedics should receive overtime compensation after working forty hours per week. The Federal suit was filed in U.S. District Court for the Western District of Missouri alleging a violation of the Fair Labor Standards Act (FLSA). The crux of the problem appears to involve the FLSA’s §207(k) exemption that allows firefighter to work up to 53 hours per week (212 hours in a…
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Do Not Enter Rule: Liability Question in Pennsylvania
Bill Carey from Backstepfirefighter.com has posted on a very interesting fire out of Pennsylvania. The fire department took a defensive strategy pursuant to a “no entry rule” because the house had been condemned due to the dangers associated with the occupant being a hoarder (the Collyer Masion problem), and the occupant died. Bill has tossed the question to me for my consideration for an analysis of the liability issues. I am not going to address the specific laws of Pennsylvania – I’ll just touch on the general legal principles that apply. Certainly the specific laws of each state could influence…
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Volunteer Firefighter Faces Serious Sexual Misconduct Charges Over Prank
A volunteer firefighter is in serious trouble in Pennsylvania for what appears to have been a highly inappropriate prank involving a minor. Chad Richey, 29, of the Citizen’s Hose Company No. 1 in Glassport, has been charged with sexual abuse of a child by filming a sexual act, two counts of criminal solicitation, and corruption of a minor in connection with an incident that occurred in the fire station on May 25, 2011. Richey alleged coerced a minor into exposing himself and surprising a community service worker who was in the station listening to headphones. The minor waved his private…
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Group Arson in Tennessee Volunteer Fire Department
Four Tennessee volunteer firefighters have been charged with arson in connection with a series of recent fires, including one that destroyed a fire station. The suspects are all members of the Houston County Fire Department, and according to local officials all have longstanding connections with area firefighters. The firefighters include Jeremy Mackens, 19, and Daryl Buttons, Michael Brooks and Robert Taylor Richardson, all of whom are 20 years old. The fire station that was destroyed was in McKinnon, Tennessee. Two engines were destroyed. No injuries were reported in any of the fires, and all four members have been suspended from…
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Georgia Fire Captain Sues to Overturn $4 Million Police-Fire Pension Loan
Funding for the Macon Fire and Police Retirement System has been a hotly debated subject in the Georgia county for many months. Pension Board members had asked the city to put in enough funds to make up for 18 months of underfunding, and successfully rejected proposals submitted by the Mayor that were considered to be inadequate. On June 30, 2011 a series of hastily called meetings were held between the Board and the City Council, and on a 3-1 vote, the Board agreed to accept a promissory note from the city for nearly $4 million, spread over four-and-a half years.…
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Discussing Politics in a Fire Station: A Punishable Offense
Today’s burning question: Can discussing politics in a fire station land you in trouble? Would it matter if the topic directly impacted you? How about if you were off duty and out of uniform when you made the remarks? Perhaps you should ask Newark, Ohio Fire Captain David Vermaaten. He was reprimanded for an off duty conversation that took place last March in a fire station over legislation pending in Ohio to limit the collective bargaining rights of firefighters. Captain Vermaaten filed a grievance claiming the discipline violates his First Amendment rights. Here is a link to the news article…
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Should Firefighters Be Able To Sue?
“We live in a culture of litigation now, and I suppose the fire service isn’t any different from any others in that sense.” Interesting quote … from a former firefighter … and South Ayrshire Councillor John Allan about the settlement of a lawsuit in Scotland brought by a senior fire commander who was injured 2006. Commander Paul Tanzilli was injured in a strange boating accident on August 9, 2006. He and a crew were evaluating the operation of a pioneer rescue boat when it hit a “freak wave” created by a nearby tug boat. Tanzilli was thrown from his seat…
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Clark County Battalion Chief Terminated for Sick Leave Abuse
Clark County firefighters have been under investigation by the FBI for having conspired to use sick time for their convenience, drastically increasing overtime payments in 2009. In the latest round of news, Battalion Chief Renee Dillingham, a 24-year veteran and first female battalion chief in the county, is the second firefighter to be terminated for sick leave abuse. It is reported that around 15 to 20 firefighters were involved in the scandal and are under investigation. It is alleged that firefighters used emails and maintained formal calendars to track how they would abuse the sick leave system. In one of…
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Chicago Fire Department Faces Sex Discrimination Suit
The Chicago Fire Department’s hiring process has been the subject of a number of discrimination lawsuits over the years. Most recently, the 7th Circuit Court of Appeals awarded $30 million in damages to 111 African-American firefighter applicants who had filed a lawsuit over entrance exams they took in 1995. The case went to the US Supreme Court previously over the EEOC 300 day rule limitations period. In 2008, five women who failed the paramedic physical ability test sued the city. The case is still pending in Federal court. Now, a 27 year old female applicant who had passed the written test…
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