Articles

By Bob Gorsky
Reprinted from “The Shield,” the official publication
of the Dallas Police Association
April 2006

INJURED ON THE JOB?
YOU HAVE THE RIGHT TO CHOOSE YOUR DOCTOR, BUT THERE’S A CATCH

I’m getting a number of calls from officers who have suffered on-the-job injuries and who have been directed to a medical clinic by the police department.  The common question is whether the officer is required to go to “the city’s doctor”.  The correct answer is both yes and no.  Under the Texas workers’ compensation law you have the right to choose your own doctor; however, under the changes made effective in September 2005 (see my October/November article in the Shield) only certain approved doctors or healthcare networks can be used for treatment unless you alert to pay for it yourself.  If you don’t have information on an approved doctor, you can find an approved doctor by using the state’s TEXCOMP locator system.  Go to www.tdi.state.tx.us or call 1/800/252-7031.  The difficulty occurs if you are in need of wage supplementation.  The city’s wage supplementation plan requires an injured employee to go to the city’s doctor or wage supplementation will not be paid.  If you are going to be out of work for several weeks, you’ll likely need wage supplementation so you may not have a real choice of doctors.  Remember the state workers’ compensation system is separate from the city’s wage supplementation plan, sick leave policy, etc.  The police department has a liaison working in the personnel division, but that person is not the workers’ compensation adjuster.  The workers’ compensation adjuster is employed by a private company hired by the city to administer its workers’ compensation coverage.  At times the two work together, but at times they don’t.  As a result, you may be left dazed and confused.  If  you’re injured on the job and face choices regarding benefits and medical care, ask questions, and beware, there may be a catch. If you have any questions regarding your injuries or benefits, feel free to call me.

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GLOCK PROBLEMS….
According to an LA Times story, the Los Angeles Police Department has ordered its officers to stop using the Glock 21 semi-automatic handgun after reports of misfires, also known as “light strikes”.  The misfires were identified in training and qualification and have not occurred in the field.

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SOVERIGN IMMUNITY VICTORY FOR DPA MEMBERS….
The Dallas Court of Appeals ruled in favor of four (4) DPA members when it overruled the trial court ruling which had granted the city immunity from suit over a promotional issue.  The court found that the city’s request for attorney’s fees in its answer (pleading) amounted to an affirmative claim for relief that waived any immunity it may have from the lawsuit.  The court ruling followed a prior Texas Supreme Court ruling that holds that a counterclaim waives immunity from suit.

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Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 214/965-0090, website: lyongorsky.com or email Bob at bgorsky@swbell.net.