Bureaucracy at its "finest".

Tgace

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Injured Colo. Deputy Denied Worker's Comp. For Trying to Rescue Baby When Off Duty

11/24/2004



The Associated Press

DENVER, Colo. (AP) - A deputy praised as a hero for trying to rescue a baby from a burning home said he was told that worker's compensation won't cover his medical bills because he was off duty at the time.
George Gatchis was turned back twice by thick, choking smoke when he tried to crawl through a suburban Aurora home to reach 3-month-old Reginald "Donovan" King on Thursday. Donovan, who was in day-care at the home, was found dead about 15 feet from the front door.

Gatchis was on his way home from his overnight shift with the Denver Sheriff's Department when he saw smoke and tried to help. He nearly lost consciousness once and suffered smoke inhalation in the rescue attempt.

Gatchis said Monday his supervisors told him he must use his health insurance to cover his medical bills because he was not on duty.

"My opinion is that we're on duty 24/7," Gatchis said. "In uniform or not, you're still trained to react to something; you're going to do it. You're going to try and make it right. Unfortunately, we may be left out to dry."

Gatchis said supervisors first told him he would have to take vacation time or sick leave for the days he missed but later told him he could take paid administrative leave.

Workers' compensation would cover all his bills, but his insurance will leave Gatchis with deductibles and copays.

"He will be left with a pretty hefty bill," said Mike Britton, president of the Fraternal Order of Police Lodge 27, which gave Gatchis $500 to help cover his bills.

"This man was in full uniform, going home, and responded to an emergency. Does the public expect George Gatchis to walk away from that fire? This man did a heroic act, and they say, 'You're on your own."'

The Denver sheriff's office, part of the combined city and county of Denver, is governed by city rules that limit worker's compensation to on-duty injuries, sheriff's Sgt. Darryle Brown said Tuesday.

"In this case, even though it would make sense for us to enable him to be eligible, unfortunately at this time it is out of our hands," Brown said.

Denver City Attorney Cole Finegan said whether Gatchis was eligible for worker's compensation would depend on what jurisdiction he was in and whether he was doing duties he was legally empowered to do.

"He certainly is entitled to apply," Finegan said Tuesday.

The cause of the fire was still under investigation.

Three other children and a woman escaped unharmed. Their names have not been released.
 
Sadly, this happens all the time to cops and fire fighters most of all, especially volunteer fire fighters.
And you bet if he didn't stop and someone found out he would be berated and possibily even disciplined for not responding to the emergency.
Hopefully some publicity will cause either people to come to his aid and help cover the bills or help him sue and get him convered by worker's comp.
 
There should be a "good Samaritan" clause for anybody who gets hurt while trying to help save somebodies life.
 
Tgace said:
There should be a "good Samaritan" clause for anybody who gets hurt while trying to help save somebodies life.
I think there is a law that says you can't be sued for trying to help someone if you are unable to save them or unintentionally hurt them more. But nothing about you qualifying for workman's comp if you get hurt in the process.
 
Yeah...you cant be sued, but you can be screwed.
 
In Lancaster, Massachusetts, a volunteer firefighter was killed on the job and the town voted against establishing a fund last November to help his widowed wife and family. A one-time tax I believe of $300 / yr.

This, from one of the most left-leaning states.
 
A lot of people are free with the "we respect the sacrifices of our servicemen/firefighters/LEO's etc." sentiments. But when the rubber meets the road...........
 
I don't know... Seems to me that Worker's Compensation is pretty clearly spelled out to the scope of what is covered and when.

Perhaps he should seek some compassionate conservatism at a local faith based organization.
 
It never ceases to amaze me when I hear stories like this one. The deputy was simply performing his duty regardless if he was on duty or off. This deputy deserves a commendation and to be covered by workman's comp. I certainly hope his FOP reps fight tooth and nail for him.

-Vadim
 
MisterMike said:
In Lancaster, Massachusetts, a volunteer firefighter was killed on the job and the town voted against establishing a fund last November to help his widowed wife and family. A one-time tax I believe of $300 / yr.

This, from one of the most left-leaning states.
From Lancaster Massachusetts ... http://www.ci.lancaster.ma.us/

Vote to over-ride Proposition 2 1/2 to fund an annuity for the family of Marty McNamara.

Yes Vote - 1597
No Vote - 1615

And, from one of the 'most left-leaning' states.

Bush Vote - 1651
Kerry Vote - 1653

Leaning Way to the Left, it seems.
 
OK, so when he's off-duty, he can arrest someone and draw his firearm, correct? And if I go attack him, I'm arrested for assaulting a police officer, right? I agree that a cop is a cop 24/7 and a cop is a civil servant. What better way to serve the civilizatin than to save lives?
 
Xequat said:
OK, so when he's off-duty, he can arrest someone and draw his firearm, correct? And if I go attack him, I'm arrested for assaulting a police officer, right? I agree that a cop is a cop 24/7 and a cop is a civil servant. What better way to serve the civilizatin than to save lives?
So, in the town budget, we can do away with that line item for Police Officer Overtime pay?
 
First, let me say that I am in LE and I think that this stinks. BUT, as Mr. Edwards has pointed out it's WORKMAN'S comp. This is what medical insurance is for when he's off duty. That is also one of the things that the FOP is for is to help out fellow officers when things like this happens. The FOP should send out emails and ask other depts for donations to help him out, or the local PD should make his situation known and ask the community to help with this.

Yes, he risked his life and yes he did a great thing by doing what he did. But, here is another situation that is arising that happens alot too that doesn't make the press as much. Places are hiring "off-duty" cops to work security, and the cops wear their uniform while doing so and the "theory" is that they are joe-citizen until they have to make an arrest and then they are fulltime LEO's on the job. What happens if they get hurt? Is it department workmans' comp or is it the place who he is working the OT at? Also, if he arrests someone and has to go to court do the taxpayers pay his OT for his court? This is why workman's comp has very specific things that they cover and when you qualify.

What if this guy wasn't a cop, would people say he should get workman's comp if he was a fire insurance salesman?
 
michaeledward said:
From Lancaster Massachusetts ... http://www.ci.lancaster.ma.us/

Vote to over-ride Proposition 2 1/2 to fund an annuity for the family of Marty McNamara.

Yes Vote - 1597
No Vote - 1615

And, from one of the 'most left-leaning' states.

Bush Vote - 1651
Kerry Vote - 1653

Leaning Way to the Left, it seems.

Well, the further from the armpit of Massachusetts you get, the less left leaning. Of course, untill you hit the back orifice called Amherst.

Perhaps people would be willing/able to donate more if they weren't forced at gunpoint/jail/loss of property to pay the rediculous taxes they have already.

Then again, Lancaster isn't exactly known for it's high levels of poverty. With all that money, perhaps the Kerry crowd just doesn't practice what it preaches? :idunno:
 
Licenced EMTs in New Hampshire are required by law to assist in any situation you encounter, off duty or not. This makes sense to me. You don't drive by a fire or an accident and say "well I'm not on duty". It makes sense for LEOs as well.
As a former correctional officer, volunteer fireman and EMT I can tell you that the callous way I was treated, particularly by the dept. of corrections had a lot to do with me retiring from all public service in '99.
 
Tgace said:
There should be a "good Samaritan" clause for anybody who gets hurt while trying to help save somebodies life.
Tom, what is the oath that you took? Is it standard, or does it vary from department to department? Is there a caveat within the oath that it applies only during hours scheduled to work?

This guy needs a good lawyer.
 
http://www.ledger-enquirer.com/mld/twincities/news/8024470.htm

Here's a link to an incident that occured here in Minnesota. The short version is this: An off duty St. Paul cop is drinking at the club. He doesn't have his badge or gun. A shooting occurs and someone dies. The officer makes sure that someone called 911 and then left. This caused many, including the chief, to wonder why he didn't stay to render aid.
Officers are discouraged from carrying their weapons while drinking, Finney said. But they are still officers, he added.

"Not to respond is not an option," the chief said.

Also:
"I am not a happy chief," said Police Chief William Finney, adding that he did not expect the officer to go after the gunman in some sort of "Hollywood action."
Still, officers are trained to help others in need and be observant witnesses to help investigations, the chief noted.

The officer was fired, but got his job back and faced some disciplinary action. (http://www.realcities.com/mld/pioneerpress/8728548.htm )
 
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