Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
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
