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Injuries Not Compensable When Police Officer Working As Funeral Home Escort

31 Oct, 2010 WorkersCompensation.com

                               
According to the mayor of Montgomery, Alabama, the city simply is not able to provide workers compensation benefits to the family of injured police Cpl. David Brown.
It's been almost two months since Brown was in a pair of serious accidents, and now, his family is suing the city for workers comp for his injuries suffered while at work, according to several Alabama media outlets. (WCxKit)
Brown was critically injured when his motorcycle was struck by a car while he was escorting a funeral procession Sept. 11. Afterward, the ambulance carrying him turned over en route to the hospital.
The family lawsuit claims that Brown's duties that day were done with permission, knowledge and approval of the department and were undertaken for the benefit of the department and citizens of Montgomery.
Mayor Todd Strange said that Brown was not working for the Police Department that day and had a private contract with the funeral home in which the city obtained no compensation.
According to Alabama state law, Brown wasn't technically at work.
Brown was wearing a police uniform, and directing traffic on a police motorcycle in the city's jurisdiction during a funeral at the time of the accident, but Strange says that doesn't qualify the family's request.
“There is a state statue that recognizes that state law enforcement is a unique situation in an off-duty fashion that their uniforms and equipment be in fact used, in an off duty-fashion,” said Strange.
Because of the accident, Brown has suffered permanent disability and presently receives those benefits from the city.
"He will continue to get compensation for life; he gets all the medical for life, so there is a lot of support there,” stated Strange.
But the amount received through disability is notably less than the amount that would reportedly be received through workers comp.
As a result of the accident, Brown has dealt with multiple amputations, broken bones, infections, and bleeding on the brain. (WCxKit)
Brown remains in a coma and is on a ventilator and dialysis.

Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
Contact:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Info@ReduceYourWorkersComp.com or 860-553-6604.
 
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.

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