NJ Cops Aug2017 | Page 50

WORKMEN’S COMPENSATION CONTINUED FROM PAGE 49 apply the same protocols to first responders as they do for all other workmen’s compensation cases. Department of Labor and Workplace Development: A spokes- person for the NJDOL, which employs the workmen’s compensa- tion judges, was quoted in July 2017 in the news media as follows: “These types of cases are much more complicated than your typi- cal workplace accident. They are fact-sensitive, and the petitioner has a very difficult burden proving the employer is responsible.” This statement was made by someone who, although having re- sponsibility, had little or no knowledge of the law or the legislative intent thereof. Insurance industry: A joint insurance fund (JIF) representative has written similar language in explaining the JIF’s position to a local newspaper in early August 2017. Claimants/petitioners “may not fully understand the law with respect to compensability of heart attacks and the ‘line of duty death’ doctrine. In order for a heart attack to be compensable, the claimant must prove that the injury or death was produced by a work effort or strain involving a substantial condition, event or happening in excess of the wear and tear of the claimant’s daily living.” Again, the JIF spokesperson is apparently unaware of legislative intent. The JIF spokesperson went on to write: “A first responder who suffers a heart attack while in the line of duty is entitled to a ‘pre- sumption’ that the heart attack was caused by the emergency ser- vices being provided. However, this doctrine only applies when the injury or death occurs while the individual is responding, under orders from a competent authority, to a law enforcement, public safety or medical emergency. The doctrine does not apply when the heart attack occurs when the emergency service provider re- sponds on his own.” That does paraphrase what the law reads; however, it was writ- ten in 1987, before the dramatic improvements in information and communications technology, not to mention changes in emergen- cy operations in the era of duty to act, increased responsibilities in pre-hospital care, innovations in firematics and so on. The law needs to be amended to permit coverage for responses under the contemporary National Incident Management System (NIMS). In fact, even a rookie first responder (a term not readily in use in 1987) may be an incident commander, thus a “competent authori- ty” unto him or herself. An example would be a firefighter who comes upon a fire, enters the scene, rescues people and then goes into cardiac arrest. The JIF would argue against compensation due to the firefighter not hav- ing received “orders from a competent authority.” The JIF may also argue against a law enforcement officer for taking spontaneous ac- tion to apprehend a criminal despite a duty to act. Workmen’s compensation courts: Unfortunately, feedback from workmen’s compensation courts indicates a propensity to prejudge cases base