Tuesday, January 9, 2007

Other information...(I wish I had known at OAL)

When my case went to OAL, the OAL Judge Miller denied my accidental disability by saying that it was normal work effort, "an almost daily occurrence, " to have to respond to a Code 33 and handcuff a violent, resistant inmate. (Even though seven officers had testified to the infrequency of this occurrence)

Judge Miller stated in his decision that, "Had the petitioner been an office worker injured under the same circumstances, he may have qualified for accidental disability retirement benefits."

**Note to reader** Remember the statute governing accidental disability retirement benefits states that the petitioner must be in performance of his regular, assigned duties. How many office workers you know are regularly assigned to handcuff inmates during a Code 33?

For my Supreme Court case, I submitted monthly custody activity reports that showed how often a Code 33 occurs. (Not almost daily, more like almost monthly, I will tell you that.) To get these records I went through the Open Public Records Act. See the link provided to the right.

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