Rule Nassau Jail Lieut. Disabled on Job Can't Be Forced to Work

A Nassau County Correction Lieutenant, who was the plaintiff in an oftcited Court of Appeals ruling that granted line-of-duty benefits for lawenforcement officers for work-related injuries that are not caused by the "heightened risk" of a job, has won an administrative ruling against the county upholding her doctor's determination that she could not return to work in a light-duty assignment because of her injuries.

Lieut. Denise Theroux told Nassau County she was incapable of performing light duty on Sept. 11, 2007 based on the advice of her own doctor. A county doctor told her she could work on modified assignment despite back and neck injuries sustained at work. Lieutenant Theroux protested that working light duty could lead to further injury.

The hearing officer, Nassau County Police Department Assistant Chief Kevin Lowry, overturned the county's initial ruling that she was capable of performing in a limited capacity.

'A Victory, But.. .'

"Here we have a department Assistant Chief disagreeing with what is basically his own doctor or buying the [recommendation of the] Correction Officer's doctor over that of their own," said Liam Castro, a lawyer for Koehler and Isaacs LLP, which represented Ms. Theroux.

Sheriff Officers Association President Michael F. Adams called the decision a victory, but said it would not change the law. "I think Correction Officers have a dangerous job and injuries like this occur frequently," he said. "This shows they do have benefits and protections when this does happen."

Mr. Theroux was injured on the job, but not by an inmate. The 2003 Court of Appeals ruling was significant because it established that county lawenforcement officers could collect line of duty benefits for on-the-job injuries even if those injuries did not result from the most dangerous and integral part of their duties, such as a confrontation with an inmate.

Ms. Theroux has not returned to work since the incident.