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First Responders |
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Attempt to Remove
Captains From the Bargaining
Unit Fails
The Law Offices of Rick Barry, P.C. is happy to have successfully
assisted Local 1889, IAFF, in
defeating the Mehlville Fire
Protection District’s attempt to
remove all of its Captains from
the Bargaining Unit.
The District’s Captains had been members of the Bargaining Unit for
42 years. The nature and scope
of their duties had recently
changed, but it was to give them
less supervisory authority
rather than more. The District
made an ill-advised attempt,
first before the Missouri State
Board of Mediation, and when
that failed, to St. Louis County
Circuit Court, on appeal, to
have Captains removed from the
Bargaining Unit.
The District’s argument was that Captains had been given more
responsibilities in recent years
as the District had grown in
population. The District was
unable to provide factual
support for its position.
We were able to provide the Board with an abundance of detailed
evidence which overwhelmingly
established that under the
existing Board of Directors and
Fire Chief the Captains had
significantly less independence
and authority than in the past.
As of the date of this posting of this article the District had not
filed an appeal to the Missouri
Court of Appeals Eastern
District. |
THE WORKERS COMPENSATION
INSURANCE CARRIER
FALSEHOOD THAT KEEPS YOU FROM
PROTECTING YOUR CAREER |
This is written for first
responders especially
firefighters and paramedics.
Workers’ Compensation (WC)
defense insurance carriers have
been running a new, below the
radar campaign to discourage
first responders from filing WC
claims, or from hiring
knowledgeable attorneys to
assist them.
Here’s how it works. |
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The WC insurance carriers
have figured out that most all
of those in the Fire and EMS
services are both dedicated to
their careers and, in general,
fairly well compensated in terms
of pay and benefits. |
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To prevent you from
reporting, filing or effectively
pursuing WC claims they are
spreading the falsehood that
pursuing a WC claim and
receiving an award causes you to
be classified as a partially
“disabled” person who might not,
because of this “disability,” be
able to perform the job. |
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In other words, the WC
insurance carriers are getting
richer than they already are by
spreading the falsehood you will
lose your job if you pursue a WC
claim because in order to do so,
you must accept being branded as
a “disabled” person. |
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Their hoped for result, if
they can fool you, is to
eliminate or sharply reduce the
number of WC claims filed. |
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The effect on the first
responder community if they are
successful could be disastrous. |
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WC is intended to back up
first responders who are injured
on the job, basically by
providing you with a monetary
“bonus” for the lingering effect
of an on the job injury. |
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Most all on the job injuries
sustained by first responders do
not keep them from performing
their full duties after they
have recovered. If you have
aches and pains you did not have
before because of such things as
injured knees, backs, shoulders
or other body parts, you work
around them and still do your
job. |
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Many First Responders
sustain multiple on the job
injuries to different body parts
in separate incidents during the
course of their careers.
Separate back, knee and shoulder
injuries for example. Despite
the scare the insurance
companies are trying to put into
you, it is unheard of for a
First Responder who can do the
job to lose their job simply
because of a multiple injury
history. |
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This WC carrier campaign
depends on the confusion many
have over the use of the term
“disability” in the WC system.
For example, if you hurt your
shoulder on the job, make a
claim and receive a monetary
award, it is called an award for
“permanent partial disability”
(PPD). The use of the word
disability does not mean you are
considered to be a disabled
person for the purposes of your
job. It is just a word. The
award does not raise issues
about your being able to do the
job. Those of you who receive
these awards return to full duty
with clearance from insurance
carrier doctors who are eager to
find you are able to do so
because if they give an opinion
you are not able to perform your
job it increases the value of
your WC claim and therefore the
cost to the employer. |
A
documented WC claim settlement
protects and preserves your
career because it ensures your
injury is classified as work
related and you as still able to
perform your job. Protect your
career, your future and your
family. Pursue your right to
make a WC claim when you are
injured on the job and seek
experienced legal representation
such as that provided by my
firm.
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Represented four fire fighters who alleged they were subjected to
reverse racial discrimination by their
Fire District employer, which ultimately
lead to their terminations. Plaintiffs,
all highly experienced and qualified
employees, alleged their employer hired
individuals who were not qualified and
replaced Plaintiffs with them. These
cases were ultimately settled to the
satisfaction of all Plaintiffs. |
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Jason Grellner v. Troy
Manning: Deputy Sheriff was
injured on duty when, during the
course of an investigation, he
opened up a cooler on Manning’s
property that contained
anhydrous ammonia. Deputy
Grellner inhaled the ammonia,
causing serious injury. Rick
obtained a jury verdict of
$5,000,000.00. |
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Represented police officer
who alleged that four days after
he made it known to his
governmental employer he was
organizing employees and
assisting them in joining a
labor union, he was terminated.
The case was settled to the
satisfaction of Plaintiff. |
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Represented public sector
employee who alleged her
governmental employer
discriminated against her
because of her pregnancy and
gender and because she reported
to her supervisors that she was
being sexually harassed by a
fellow employee. The case was
ultimately settled to the
satisfaction of Plaintiff. |
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Represented police officer
who was struck by a drunk driver
while performing a routine
traffic stop. Rick represented
the officer in both his workers’
compensation claims and his
claim against the drunk driver.
Both cases were settled to the
satisfaction of Plaintiff.
Specifically, the claim against
the drunk driver was settled for
the policy limits of the
coverage provided by his
insurance carrier. |
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Represented fire fighter who had a heart attack as a result of smoke
inhalation. Rick obtained a sizeable
workers’ compensation recovery for him
and he returned to full duty after
treatment. |
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Represented police officer who was injured in a meth lab raid. The case
was settled to the satisfaction of
Plaintiff. |
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Represented police officer
who was conducting routine
traffic control at an event,
when he was struck by a drunk
driver who left the scene of the
accident. The case was settled
for the driver’s insurance
policy limits. Rick also
obtained a significant sum for
the officer from the settlement
of his workers’ compensation
claim. |
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Represented a fire fighter and a paramedic who were responding to a
call, when their ambulance was struck by
a drunk driver, and tipped over, landing
on both and seriously injuring them.
Rick recovered the policy limits from
the drunk driver’s insurance carrier,
from both Plaintiff’s underinsured
insurance carriers, and from their
employers underinsured motorist carrier. |
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Represented a police officer who was struck by an uninsured drunk driver
while in his patrol vehicle, performing
traffic control duties. Rick recovered
the policy limits of the officers own
uninsured motorist insurance as well as
the uninsured policy limits of his
public employer. |
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Represented fire fighter
paramedic who had a heart attack
on a call in his workers’
compensation claim, recovering a
sizeable settlement for him. The
case was settled to the
satisfaction of Plaintiff. The
firefighter later returned to
full duty. |
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Rick has represented many paramedics and fire fighters in obtaining
workers’ compensation recoveries and
returning to full duty, including
injuries sustained during the course of
training exercises. |
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Employees in the Private Sector |
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Represented numerous individuals who sustained repetitive work related
injuries. |
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Represented an employee who alleged she was discriminated against by her
employer because of her gender, was
sexually harassed, and retaliated
against after reporting the
discrimination and sexual harassment.
The case was settled to the satisfaction
of the Plaintiff. |
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Motor Vehicle Accident
Recoveries - Recent |
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Rick has had numerous recoveries for individuals who have been injured
in a motor vehicle accidents, and has
consistently been able to obtain the
policy limits of the at fault parties
insurance carriers. |
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Represented an individual who was rear-ended by an uninsured driver. The
Plaintiff suffered serious injury,
requiring surgery and significant
physical therapy. The case was settled
to the satisfaction of Plaintiff. |
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Represented an individual
who was badly injured when he
was struck by a tractor trailer.
The case was settled to the
satisfaction of Plaintiff for a
large sum. |
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Represented an individual who suffered significant injuries in a slip
and fall at a local retail
establishment. The case was settled to
the satisfaction of Plaintiff. |
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Recovered a large sum for a client from the client’s uninsured motorists
coverage, whose recent knee replacement
surgery had to be redone, after he was
rear ended in a motor vehicle collision. |
