Texas Firefighter Sues For Comp Disability

A Texas firefighter who was terminated while recuperating from a back injury has filed suit seeking $1 million in damages.

University Park Fire Department Paramedic Brad Tucker, 31, was injured on October 20, 2011 while lifting a patient. He had been on workers compensation recuperating until February 2012 when the City of University Park stopped both his compensation and medical coverage.

According to the lawsuit, the city acted “unilaterally and without any legitimate basis”. The city is self-insured for comp purposes.

Tucker retained an attorney who appealed the decision to the Texas Board of Insurance, Workers Compensation Division.  The Workers Comp Division ordered the city to reinstate both Tucker’s compensation and health benefits.

Thereafter Tucker was ordered to report to fire department headquarters, where he was told he had to either report for full duty by November 2, 2012, or face termination. Unable to return to full duty he was terminated on November 2, 2012.

Tucker promptly filed a claim of disability discrimination with the EOOC and the Texas Workforce Commission, who issued a right to sue letter in April. His lawsuit was filed last week alleging disability discrimination under federal and state law, wrongful termination, and retaliation.

Here is a copy of the complaint. Brad-Tucker-v-University-Park


About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

Check Also

Woman Sues Delaware Fire Department Over Injuries Sustained in Elevator Incident

A woman who was injured while stepping into an elevator has filed suit against a number of parties, including the local fire department. Michele Oliver filed suit against Holiday Inn Express, Delaware Elevator, Inc., and the Lewes Fire Department over an incident that occurred on March 27, 2021.

Sac Metro Sued Over Bulldozed Car

The owners of a vehicle that was damaged by Sacramento Metro firefighters while battling a blaze in a junk yard, have filed suit alleging negligence. Iryna Vorniku and Kostiantyn Vorniku are seeking $68,000 in damages from the Sacramento Metro Fire District.