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Late Filing of Lawsuit Costs Former Cop A Disability Pension Eric Josey, a former Emergency Services Unit officer, alleged the NYPD failed to properly investigate his 2003 motorcycle accident, when he claimed a man, whom he tried to arrest earlier, hit him with his car. On Sept. 8 of that year, the 15-year veteran was off-duty and riding his motorcycle in the 28th Precinct when he saw a woman being assaulted and kidnapped on the street, according to his lawsuit. Claims Deliberate Rundown Mr. Josey stepped in to help. He said he was immediately recognized as a police officer, which caused the suspect to flee. A short time later, Mr. Josey said, the same man drove his car into his motorcycle. He was thrown from the bike, struck a pole and sustained major injuries, according to the lawsuit. He was hospitalized for 2-1/2 months, underwent numerous surgeries and lived for another 2-1/2 months at a rehabilitation facility, according to the lawsuit. Afterwards, he spent two months in a wheelchair. Mr. Josey's contention was that his injuries were line-of-duty. The NYPD begged to differ. In January 2004, a department official told Mr. Josey it had filed Ordinary Disability Retirement papers on his behalf, granting him one-half his salary as a pension. In November 2004, the Police Pension Fund Medical Board examined the officer and recommended approval of the application for Ordinary Disability Retirement, according to court documents. By January 2005, Mr. Josey informed the Pension Fund Medical Board he wanted to go back to work, but asked for, "if necessary, a reasonable accommodation ... to ensure that he is able to perform essential job functions under the Americans with Disabilities Act," according to a letter to the board. Deemed Unable to Perform The NYPD denied the request for such accommodation two months later because the Medical Board deemed him "not qualified to perform the essential duties of a police officer." The officer alleges the NYPD failed to provide him with accommodations under the ADA, according to the lawsuit. In May 2005, Mr. Josey sought Accident Disability Retirement, which is available to police officers injured in the line of duty and provides them with a three-quarters pension. That September, the Pension Fund Medical Board re-examined the officer and found he was still disabled, but since the application for determination of line-of-duty injury was not approved, Accident Disability Retirement was denied. In February 2006, the Police Pension Fund Board of Trustees denied the officer's application for Accident Disability Retirement. Mr. Josey retired on June 24, 2006 after starting an Article 78 proceeding in State Supreme Court, which challenged the denial of his application for disability as arbitrary and capricious, according to court documents. Claimed Racial Bias Mr. Josey also alleges he was forced to retire because he is an African-American. "He contends that numerous other police officers who suffered similar injuries and experienced similar disabilities have been accommodated by assignment to non-patrol positions, referring to one white police officer in particular who sustained serious injuries in a motorcycle accident ..." according to the appellate decision. A State Supreme Court Justice ruled in favor of Mr. Josey in November 2006, and ordered the Pension Fund to grant him Accident Disability Retirement. The court said the Pension Fund had failed to fully investigate his claim that his injuries occurred in the line of duty. The appellate court, however, unanimously overturned the lower-court award and dismissed the case, finding that the claim was filed too late. The NYPD contended that Mr. Josey waited more than 300 days after the incident to file his discrimination complaint. Even though he filed it less than 300 days from his retirement, the time elapsed from the date of the incident was the issue, the court ruled. |
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