Baltimore City Council
File #: 06-0443    Version: 0 Name: Workers' Compensation Award - Police Agent Eugene Cassidy
Type: Ordinance Status: Withdrawn
File created: 5/15/2006 In control: City Council
On agenda: Final action: 10/16/2006
Enactment #:
Title: Workers' Compensation Award - Police Agent Eugene Cassidy FOR the purpose of causing the Fire and Police Employees' Retirement System of Baltimore City to cease recouping a workers' compensation award received by police agent (now retired) Eugene Cassidy and to return to police agent Cassidy that portion of the workers' compensation award that the System has already recouped.
Sponsors: Nicholas C. D'Adamo, President Young, Belinda Conaway, Agnes Welch, Rochelle Spector, Kenneth Harris, James B. Kraft, Helen L. Holton, Keiffer Mitchell, President Dixon, Robert Curran, Edward Reisinger, Paula Johnson Branch, Mary Pat Clarke, Stephanie Rawlings Blake
Indexes: Workers Compensation
Attachments: 1. 06-0443 - 1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember D'Adamo, Young, Conaway, Welch

At the request of:  Michael P. May, Esq.

  Address:  7305 Harford Road, Baltimore, Maryland 21234

  Telephone:  410-444-7606                                                                                                              

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Workers' Compensation Award - Police Agent Eugene Cassidy

 

FOR the purpose of causing the Fire and Police Employees' Retirement System of Baltimore City to cease recouping a workers' compensation award received by police agent (now retired) Eugene Cassidy and to return to police agent Cassidy that portion of the workers' compensation award that the System has already recouped.

Body

                     Recitals

 

On October 22, 1987, police agent Eugene Cassidy was shot in the head in the line of duty.  As a result, police agent Eugene Cassidy was permanently blinded in both eyes.

 

On June 30, 1996, after extensive litigation in which police agent Eugene Cassidy's attempts to recover full workers' compensation benefits for the severe and horrific injuries he sustained met with opposition, the Workers' Compensation Commission approved a settlement agreement in respect of a workers' compensation award.

 

Subsequent to being blinded, police agent Eugene Cassidy returned to school, obtained numerous degrees and certifications, and taught (and continues to teach) in the Baltimore Police Academy.

 

Police agent Eugene Cassidy received the Medal of Honor and the Medal of Valor from the Baltimore Police Department for the injuries he sustained in the line duty on October 22, 1987.  He taught in the police academy as an active police officer on limited duty until March 20, 2005.

 

In 2004 and 2005, the Baltimore Police Department attempted to purge its rolls of light duty officers.  As a result of that attempt, police agent Eugene Cassidy involuntarily applied for a disability retirement, and, on March 20, 2005, he received a 100% disability retirement as a result of having been blinded in both eyes after having been shot in the head.

 

After receiving this disability retirement, the Fire and Police Employees' Retirement System invoked Article 22, § 34(1) of the Baltimore City Code to recoup the workers' compensation award obtained by police agent Eugene Cassidy.

 

 

 

The Fire and Police Employees' Retirement System is currently in the process of recouping police agent Eugene Cassidy's workers' compensation award by way of payroll deduction, thereby diminishing the disability pension payment police agent Eugene Cassidy received.

 

Police agent Eugene Cassidy continues to teach at the Baltimore Police Academy as a contract employee.

 

No amount of money can adequately compensate police agent Eugene Cassidy for the horrific injuries and permanent blindness he sustained while protecting the citizens of Baltimore.

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That:

 

(a)                     The workers' compensation awards received by police agent Eugene Cassidy may not be recovered from his retirement benefit received from the Fire and Police Employees' Retirement System of Baltimore City or from any other source.

 

(b)                     Any money already recovered from police agent Eugene Cassidy, by way of payroll deduction or otherwise, to enable the Fire and Police Employees' Retirement System to recoup all or any portion of police agent Eugene Cassidy's workers' compensation award shall be immediately restored to police agent Eugene Cassidy.

 

(c)                     Except as otherwise specified in this Ordinance, the provisions of Article 22, § 34(1) shall otherwise remain in full force and effect.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

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