Pensions

Illinois Firefighter Ineligible For Non-Duty Disability Pension

The Illinois Court of Appeals has concluded that a firefighter was ineligible for a non-duty related disability pension despite putting in the required years of service, because he began working for a different department. Michael Wessell filed suit against the Wilmette Firefighters' Pension Fund after the Fund’s board declined his request for a non-duty disability pension.

Court Concludes ADA Does Not Apply to Post Employment Discrimination Against Retirees

The 11th Circuit Court of Appeals has ruled that a retired Florida firefighter does not have standing to sue her former employer for disability discrimination because the discriminatory act occurred after her employment concluded. The suit was brought by former Sanford firefighter Karyn Stanley, who retired on a non-line of duty disability pension in 2018.

Appellate Court Upholds Denial of NJ Firefighter’s Disability Pension

The Appellate Division of New Jersey Superior Court has upheld the denial of an “accidental disability pension” to a firefighter because his injury was not the result of “an undesigned or unexpected traumatic event.” Firefighter EMT John Karolinski suffered a rotator cuff injury on an EMS run.

After 13 Years of Litigation, Settlement Reached with Injured Missouri Firefighter

A firefighter who was severely burned trying to rescue a man in 2006, has settled two lawsuits she filed against the fire department for $1 million. Cindy Schuenke has reached a settlement with the Community Fire Protection District in St. Louis County over her injuries and subsequent termination.

DC Firefighter-EMTs File Class Action Suit Over Pension

Five dual function EMT-firefighters with the District of Columbia Fire and Emergency Medical Services have filed a class action lawsuit alleging that the city has reneged on pension-related promises. The complaint seeks to require the city to comply with its contractual and statutory pension obligations, as well alleging the city was motivated in denying them their benefits due to their race and gender.

Denver Firefighter Sues City and Union After Disability Retirement

A Denver firefighter who was placed on light duty and later granted a disability pension following an injury to his hand, has filed suit against the city and IAFF Local 858 claiming they conspired to violate his rights. David Perez filed suit earlier this year in Denver County District Court. The city removed the case to US District Court.

Court of Appeals Holds that Terminal Leave Counts Toward Pension Credits

The Appellate Court of Illinois has ruled that a former fire chief was entitled to pension credit for the four and one-half months he was on paid administrative leave prior to his retirement. The case involved the former fire chief for the Orland Fire Protection District, Kenneth Brucki.

Judge Rules WV City Miscalculated Firefighters’ Compensation

A West Virginia court has ruled that the City of Parkersburg violated the state’s Wage Payment Collection Act in the way it calculated the pay of firefighters. The suit was filed by Chief Fire Inspector Wayne White, who claimed he was being retaliated against and obstructed in carrying out his duties.

Indiana Court of Appeals Upholds Validity of Marriage of Dying Firefighter

The Indiana Court of Appeals has upheld the validity of a marriage between two firefighters, one of whom was dying of cancer. The case was brought by the Estate of Michael David Estridge seeking to annul his marriage to Lana Ann Taylor.

Court Rules City Can Provide Lesser Health Care Benefit to Disabled Firefighters

A lawsuit filed by a disabled Florida firefighter challenging a limitation on her eligibility for a city-paid health plan in retirement has been dismissed. Karyn D. Stanley claimed that the City of Sanford violated a state law and the Equal Protection clause by discontinuing the payment of health care premiums for disabled firefighters twenty-four months after their date of retirement.

Appellate Court Orders Reinstatement of Disabled Firefighter’s Pension

An Illinois appellate court has ruled that a firefighter who injured his back moving bottled water in the firehouse, is entitled to receive a line-of-duty disability pension. That ruling reverses a decision by the Circuit Court of Du Page County that said that Roselle firefighter Ryan Case was ineligible for such a pension because he failed to disclose pre-existing back problems when hired and because moving bottled water was not an “act of duty.”

Connecticut Firefighters Sue to Block Pension Benefits to Still-Working Chiefs

Stamford Professional Fire Fighters Association, IAFF Local 786, has filed suit against the Firefighters’ Pension Trust Fund Board of Trustees and the City of Stamford in an effort to block the fire chief and assistant chief from collecting pension benefits while they continue to work for the department.

Maine Investigator Claims Retaliation and Gender Discrimination

An investigator with the Maine State Fire Marshal’s Office has filed suit claiming he was denied a promotion in retaliation for his having testified before the state legislature on a pension bill, and on account of his gender. Mark J. Roberts filed suit naming the State Fire Marshal’s Office and Fire Marshal Joseph E. Thomas as defendants.

Spouse of Deceased Connecticut Deputy Chief Sues Over Pension Benefits

The spouse of a well-known Connecticut firefighter who died from cancer in 2017, has filed suit claiming the city has failed to honor its pension commitments to her and her son. Lori Pepler filed the suit naming the City of Torrington, the police and fire pension board, and twelve members of the board.

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