Thursday, October 17, 2013

Salary adjustments due firefighters disabled in the line of duty

Firefighter disabled in the line of duty eligible to continue to receive his of her salary
Drahos v. Village of Johnson City, 80 AD2d 100

In Drahos v. Village of Johnson City, 80 AD2d 100, the Appellate Division held that a firefighter injured in the line of duty and unable to return to work, and who is not permanently disabled, is entitled to the payment of his or her regular salary in full until he or she returns to duty* or retires, citing §207-a of the General Municipal Law.

This, according to the opinion, includes increases and adjustments received by firefighters in active status during the period of the disabled firefighter's absence due to his or her injury or disease.

Presumably the same would apply to police officers injured in the line of duty and otherwise eligible for similar benefits pursuant to §207-c of the General Municipal Law.

* Where appropriate, the injured firefighter may be required to return to work to perform "light duty."
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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