Page 8 - Sentinel Volume 33 Issue 1 2017_Neat

LEGAL
CORNER

to regain strength and motion. Just shy of nine
months after the crash, Officer Avery was cleared for
a return to work. Officer Avery surprised everyone.
He pushed his doctors to clear his return long before
many thought he would be medically able. Officer
Avery’s doctors and therapists documented his
dedicated efforts towards his own recovery as well as
his desire to return to work.
Steven Ballin, Esq. Jared Ballin, Esq.
We met Officer Avery while he was still in
$500,000 & Full Wage Benefits for the hospital. He expressed his good fortune to have
Special OfficerInjured-on-Duty survived this horrendous crash. However, he stressed
Steven M. Ballin about how he would support his family. We were
informed he is a special police officer, only working
Late one evening in June, Erica DiMaio part time for his municipality. Not only was he too
suddenly veers over double yellow lines on Main injured to work as a police officer, he could not
Street into the opposite lane of travel. Three resume his regular occupation.
eyewitnesses watch in horror as Ms. DiMaio violently We decided to feature Officer Avery’s case
crashes head on into a police cruiser operated by not just for the monetary result, but also to inform
Officer Avery. special, reserve and part time officers of certain
The force of the crash crumples the front injury-on-duty benefits, which may be available
ends of each vehicle to them. Like many
and spins both around. police officers and
The Fire Department firefighters working on
is already on scene by a ‘special’, reserve or
the time Officer Avery part time designation,
comes to. He wakes Officer Avery relied
up to the sounds of on a second, regular
firefighters using a occupation to support
reciprocating saw to his family.
detach the mangled Many special
driver door from the officers and part time
cruiser. Freed from the officers are unaware
cruiser, Officer Avery is that Massachusetts law
taken by helicopter to provides protection
the hospital where he Trapped inside the cruiser, Officer Avery wakes up to the sounds of for special officers like
would remain for over firefighters using a reciprocating saw to detach the mangled driver door. Mr. Avery who are
two weeks. unable to work their regular occupation because of
In addition to the concussion, Officer Avery’s an injury-on-duty. In most circumstances, M.G.L.
injuries were numerous: fractured left arm and leg, Chapter 32 §85H affords compensation equivalent
five fractured ribs, and multiple lacerations. The to the average weekly pay of a first-year public safety
fracture to his left arm required three procedures, officer while the officer is unable to work their
including a surgery to implant permanent hardware. regular occupation because of the injury-on-duty.
His road to recovery included extensive therapy. We have found several municipalities unaware of
Despite continuing symptoms in his arms and legs, this provision. This municipality was no exception.
Officer Avery worked diligently with his therapists
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MASSACHUSETTS POLICE ASSOCIATION