NJ Cops Dec18 | Page 24

Officers’ Rights Documentation is key if you are injured on a call, especially in another jurisdiction There are a variety of reasons why a law en- forcement officer may have to respond to a call in a neighboring or sister jurisdiction. Some of those reasons include manpower shortages, critical in- cidents and increased presence to combat sudden upticks in crime. Unfortunately, when responding to a sister ju- risdiction, there is always less written documenta- STUART tion that law enforcement officers from the back- ALTERMAN up jurisdictions were present. If any reports are written, the law enforcement officers from the pri- mary jurisdiction tend to author them. In those reports, there may or may not be mention of backup law enforcement officers from other jurisdictions. Even if those backup law enforcement officers are mentioned in a report, it is usually by town or mu- nicipality and not with specificity. The backup law enforcement officers seldom author their own reports unless something sub- stantial or significant occurred. There may be audio transmis- sions that backup officers from another jurisdiction responded to a call. However, most times the only real proof that a backup law enforcement officer responded to a sister jurisdiction is the CAD report. Most CAD reports are difficult for an average reader to decipher. If nothing happens to the law enforcement officer backing up a call in a sister jurisdiction, none of this matters. But what happens if the backup law enforcement officer somehow gets hurt at some point on the call in the sister jurisdiction? The lack of adequate documentation can sometimes come back to bite officers. How, you may ask? Let me give you an example from a real case. A jurisdiction puts out a radio call of an active burglary in progress. Law enforcement officers from that jurisdiction and two neighboring jurisdictions respond. It is late at night. It is a large, remote, fenced-in land bordering dense forest. The three groups of law enforcement officers set up a perimeter and skirmish line and begin a grid search of properties. The search requires the law enforcement officers to jump over several fenc- es. One law enforcement officer injures his ankle traversing one of the fences, but continues on. After 90 minutes, the search is called off. The injured officer, based on adrenaline, shakes off his ankle injury, returns to his jurisdiction and completes his shift. The next morning, the law enforcement officer, after remov- ing his boot and trying to go to sleep, realizes his injury may be more significant than he first thought. He takes a photograph of the injury and sends it to his OIC. His OIC tells him to go to the hospital, if needed. However, it is the weekend. So, the law enforcement officer waits until Monday (two days later) to go to the emergency room. The law enforcement officer already had an open workers’ compensation case for another injury to the same leg that oc- curred in his own jurisdiction. However, he did not have a work- ers’ compensation attorney for that claim. The workers’ com- 24 NEW JERSEY COPS ■ DECEMBER 2018 pensation insurance adjuster tells him to see the same doctors. The law enforcement officer is happy. He is getting the neces- sary medical treatment he needs for both injuries to his right leg. Unfortunately, after months of treatment and several surger- ies, the law enforcement officer realizes he is not getting better. Doctors start telling him that he may not be able to return to active duty. He comes to the difficult decision that he must ap- ply for an accidental disability pension. He has still not hired a workers’ compensation attorney for either claim. He hires an attorney to help process the disability pension application. The application sets forth that both right leg inju- ries combined to result in the total and permanent disability. Another nine months goes by before the pension board issues its decision. Its decision stuns the law enforcement officer. He is found to be completely and totally disabled. However, his pension is denied because the pension board found that his second injury that occurred in a sister jurisdiction “was not identifiable as to time and place,” “was not undesigned and un- expected” and “did not occur during and as a result of the per- formance of his regular and assigned duties.” Why? The pen- sion board found a lack of adequate documentation that the second incident in the sister jurisdiction occurred. The law enforcement officer is forced to file an appeal of the pension board’s denial. His appeal essentially boils down to having to prove he was in the sister jurisdiction on the night in question, he was on duty at the time, and he was injured in the course and scope of those duties. Sounds easy, right? Think again. No one from the law enforcement officer’s own jurisdiction authored a report on the night in question. Logically, he and his attorneys make inquiry of the sister jurisdiction. One of the pri- mary responding officers did author a report of the active bur- glary, which also details the establishment of a perimeter and skirmish line. While the report does not identify with specificity the law enforcement officers from other jurisdictions that pro- vided backup, it at least identified his jurisdiction as being pres- ent. It is a start. The law enforcement officer then goes to dispatch for copies of the audio recordings from the call that night. Unfortunately, it is 18 months later. If audio recordings are not flagged within 30 days, they are not kept by the municipality. Strike one. The law enforcement officer then checks his own cellular tele- phone for the text message and photograph of his injury sent to his OIC. But then he remembered having gotten a new tele- phone in the past 12 months and not transferring the contents from his old cellular telephone to his new cellular telephone. He then checks with his OIC. The OIC had also replaced his cellular telephone in the interim, and he has neither the text message nor the photograph. Moreover, the OIC did not author a sep- arate injury report because the workers’ compensation carrier was already processing the bills under the old injury claim, and there was no need. Strike two.