Articles Archive By Bob Gorsky UNDERSTAND WHAT YOU’RE SIGNING BEFORE YOU ACCEPT WAGE SUPPLEMENTATION It’s no secret that the Texas Workers’ Compensation System can be confusing and at times an overwhelming process for the employee. When you are injured, your focus is typically on your pain, when you’re going to get back to work and the part-time employment you may be missing. There’s a bunch of paperwork to be filed, including a first aid report and a notice of injury report to the State of Texas. You will also receive a number of documents and written instructions from the City of Dallas. If you are missing time from work, one of the documents will advise you that you have the right to receive wage supplementation, which is a sum of money supplementing your workers’ compensation check in order to bring your total pay up to the level of your base pay. That document will also indicate that if you later receive an impairment rating from your doctor which results in the payment of additional workers’ compensation monetary benefits, the City of Dallas has the right to be repaid from those benefits up to the amount of the wage supplementation it paid you. Be aware that you can waive the wage supplementation and instead use your available sick leave for the difference between your weekly workers’ compensation check and your base pay. For most officers, this is not economically feasible, however, there are some who have accumulated a large amount of sick leave and who want to burn sick leave before retirement. Those officers may want to take a careful look as to whether to accept wage supplementation. Feel free to call me if you have any questions if the circumstances arise which force you into such a decision. _____________________________________________________________ ATTORNEY GENERAL FINDS THAT PAY FOR OFF-DUTY EMPLOYMENT IS NOT AN ILLEGAL HONORARIUM… On October 4, 2003, the Attorney General issued an opinion (Opinion No. GA-0256) stating that a peace officer’s acceptance of compensation for performing services and off-duty private security officer does not constitute an honorarium in violation of Section 36.07 of the Texas Penal Code. The request for an Attorney General’s opinion came as a result of ongoing efforts by the private security industry to limit or even prohibit your ability to work off-duty employment. ____________________________________________________________ U.S. SUPREME COURT TO HEAR ORAL ARGUMENT IN PROBABLE CAUSE CASE…. The U.S. Supreme Court will consider two issues in a case submitted for oral argument in November. The Court’s ruling should settle a conflict among the circuit appeals court in determining how precise an officer’s stated reason for probable cause must be to the actual arrest and offense. Two judicial circuits have found that an arrest is reasonable if, based upon an objective assessment by a reasonable officer; there is probable cause to arrest for any offense. Five judicial circuits have found arrests to be reasonable only if there’s probable cause to arrest for crimes “closely related” to the crime or crimes identified by the arresting officer. _____________________________________________________________ FLORIDA SHERIFF’S OFFICE OUTLAWS TOBACCO… As of October 1, the Penellas County Sheriff’s Office will not accept any applicants who use tobacco products on duty or off. The ban includes cigarettes, cigars, chewing tobacco and snuff. Applicants are now asked whether they have used tobacco products in the past six months. If the applicants have used tobacco, they are rejected but they are allowed to reapply at a time when they can truthfully respond that they have not used any tobacco products during the previous six months. Anyone hired before October 1 who used tobacco products is grandfathered under the new requirement, but programs are being made available to help them quit. Anyone hired after October 1 who is found to be using tobacco products is subject to an internal affairs investigation and discipline. ____________________________________________________________ REINSTATEMENTS AND PROMOTIONS… Two officers who were terminated after a DWI arrest have been reinstated after their acquittal by the criminal courts. One was reinstated by an assistant city manager and one was reinstated by an administrative law judge after a civil service hearing. Two officers were recently promoted after successfully grieving to Chief Kunkle promotional passovers due to prior discipline. These officers were provided legal assistance by the DPA. _______________________________________________________________ Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, L.L.P., 2501 Cedar Springs, Suite 750, Dallas, Texas 75201; (214) 965-0090, website: lyongorsky.com or e-mail Bob at: bgorsky@swbell.net. |