Representing the Injured or Disabled Member Part 32: Reporting a Workers Compensation Claim

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 32: Reporting a Workers Compensation Claim 

This article is the 32nd  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Injured Officer Entitled to LEOFF II On-The-Job Injury 6-Month Benefit, Even Though His Time Off Was Not “Consecutive”

surgery

By Erica Shelley Nelson and Sarah E. Derry 

In Renton Police Guild, Arbitrator Gary Axon ordered the City of Renton to provide a full six months of on-the-job injury benefits to an injured officer who had returned to work between his initial injury and subsequent surgery. The Arbitrator was tasked with interpreting the word “consecutive” in the parties’ CBA.

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Representing the Injured or Disabled Member Part 4: Newsletter Series

rehabJim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 4: Introduction to the Duty of Accommodation and the Maze of Disability Laws

This article is the 4th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the next two to three months, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Representing the Injured or Disabled Member Part 2: Newsletter Series

wheelchairJim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 2: Introduction to the Duty of Accommodation and the Maze of Disability Laws

This article is the 2nd in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the next two to three months, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Representing the Injured or Disabled Member: Newsletter Series

20150729211514-man-reading-book-hipsterJim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member Part 1: Introduction

This article is the 1st in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the next two to three months, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Shortage of Information Increases Safety and Job Security Hazards


Stick-Figures-Slips-Trips-FallsJim Cline and Erica Shelley Nelson

We have often said, “Knowledge is Power” and seemingly nowhere is that more true than in connection with the rights you and your members have when they are injured and disabled. Our experience in representing public safety labor organizations throughout the state is that there is a shortage of thorough or even accurate information about the rights of injured or disabled officers.

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Washington Court of Appeals Holds That State Trooper Could Bring Civil Suit for Workplace Injuries Under the Industrial Insurance Act After Being Shot By A Taser

By: Erica Shelley Nelson & Sarah Burke

taser2In Michelbrink v. Wash. State Patrol, Division II of the Washington Court of Appeals allowed a state trooper to proceed to trial in his civil suit for damages stemming from a compression fracture and bulged disk in his back under the “deliberate intention” exception of the Industrial Insurance Act (IIA). In his complaint, the trooper claimed that his employer’s knowledge that an injury would occur was enough to qualify under the deliberate intention exception. The Court of Appeals found that while every element of the deliberate intention exception should be narrowly construed, an employer does not need actual knowledge of the specific injury that occurs to be found liable.

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