Tag Archives: pension

Minnesota Two-Hatter Prevails in Disability Claim

When a firefighter works full-time for one department, and part-time for a second department, can the full-time department be financially responsible if the firefighter suffers a career ending injury while operating at a fire where both departments respond, even though she responded with the part-time department?

Fire Law Roundup for June 5, 2023

In this episode of Fire Law Roundup for June 6, 2023, Brad and Curt discuss a suit filed by DC firefighter-EMTs alleging the city reneged on pension-related promises; a lawsuit against Houston firefighters over their role in the death of ...

Disabled Georgia Fire Lieutenant Claims City Wrongfully Changed Pension Laws To Limit Her Benefits

A Georgia fire lieutenant who was injured in the line of duty, has filed suit claiming her employer defrauded her out of disability pension benefits by changing the rules after she was injured. Lieutenant Bridgit Christensen filed suit against the City of Decatur in federal court.

Retired NY Assistant Chief Sued For Wage Overpayment

The City of Yonkers has filed suit against a retired Assistant Chief claiming it overpaid him by more than $300,000, and he has refused to refund the amount in question. The suit names Assistant Chief Thomas Cavallo, who was awarded a disability retirement on March 26, 2019.

FDNY Sued for $3 Million By Disabled Firefighter

An FDNY firefighter who was hurt off-duty, reinjured a year later on the job, then arrested, denied a disability pension, and terminated, is suing the city and FDNY for $3 million for violating his civil rights. Daniel Braun filed suit last month alleging that his 4th and 14th Amendment rights were violated.

Chattanooga Retirees Lose Pension Reform Challenge

The US 6th Circuit Court of Appeals has ruled against retired Chattanooga firefighters who sought to block the city’s pension reform that reduced their “guaranteed” cost of living allowance. When is a guarantee not a guarantee?

Court Rules Disabled Missouri Firefighter Entitled to Reduced Benefits

A Jasper County Circuit Court has ruled that a disabled Missouri firefighter is entitled to a pension that is only one-third of his pre-injury income. Joplin firefighter Tom Robertson was forced to leave the fire department in January 2011 due to a work-related lung problem.

6th Circuit Rules Against Retired Kentucky Firefighters on COLA Battle

The 6th Circuit has ruled against a retired firefighter and a retired police officer from Lexington, Kentucky who sought to block efforts to reduce their pension COLAs. The case dates back to 2013 when Lexington Mayor Jim Gray sought to address a pension shortfall – not by funding the pension – but by reducing the pensioners’ COLAs.

Tampa Ordered to Pay $1 Million in 13th Check Pension Case

The City of Tampa has been ordered to pay $1 million in costs in a class action lawsuit filed by a retired Tampa firefighter. John Parker filed the suit claiming that in 2004 the city’s police and fire pension board failed to provide retirees with benefits under special provision known as a “13th Check Program.”

Should Cancer Presumption Laws Be Data or Policy Driven

Today’s burning question: Our union has been fighting for a cancer presumption provision in our collective bargaining agreement for years to no avail. We have even started working at the state level to get legislation enacted. Isn’t there a way we can force the city to accept the obvious: that firefighting increases the risk of contracting cancer?

Tennessee Retirees Challenge Reduction in Cola

Two retired Chattanooga firefighters have filed a class action suit claiming the city’s attempt to cut their pensions is illegal. William Melhorn and James Gaston joined two retired Chattanooga police officers, Johnny Frazier and Reuben Salter, in filing a nine-page ...

EEOC Settles Another NY LOSAP Age Discrimination Suit

The US Equal Employment Opportunity Commission (EEOC) has announced the settlement of yet another age-discrimination lawsuit against volunteer fire departments in New York involving their length of service award programs (LOSAP). The suit was brought by the U.S. Equal Employment ...

Retired Pittsburgh Captain Settles First Amendment Case

The strange case involving retired Pittsburgh fire captain David Cerminara appears to have come to a close. Captain Cerminara filed a lawsuit in Federal Court last summer alleging that the city wrongfully withheld his severance check in retaliation for his ...

Pittsburgh Captain Claims Withholding Severance Payout Violates First Amendment

A Pittsburgh fire captain who retired on June 1, 2012 has filed a lawsuit in Federal Court alleging the city wrongfully withheld payment of his accrued sick leave. How is that a Federal case? He claims the money was withheld ...

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