"Anyone" know of this law's or rule's?

Any one know of this rule or law - that say's "NO" light duty in the fire services?
On September 18 - 08 - at a sig. 13 - house fire - the engine over shot the water supply - so we has to drag the 5'
back like 2 blocks - we got the suppy hooked up - but walking back to the working fire - I couldent catch my breath - so went to the hospital - there ran tons of test and found noting - but my doctor put me on" light duty"
gave me a letter for the fire dept - "but" the caption and the 4 chief said -"NO such thing in fire services" - "AS LIGHT DUTY",they force me out on medical leave!
Any one here of this ?
or
Know where there a law saying the same - and where can I find such laws or rules?
There noting in our By laws on medical leave - or light duty!
WHAT DO I DO ???????

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Comment by Jenny Holderby on October 21, 2008 at 1:35am
Shortness of breath can occur for many different reasons. It's like my van that quits occassionally but when I take it to the garage, it won't do it for the mechanic. The computer doesn't indicate any reason for it to happen.

Did the dr give you a follow up appointment? Are you still having difficulites?

As the SO in my dept I would say that you are on medical leave until you figure out what is going on & get a return to work slip from our doctor. HOWEVER - light duty "could" mean not donning and air pack & going into a burning building depending on the ailment/illness. If someone has a strained muscle we don't want them inside but they could likely drive a truck or meet us back @ the station to get the trucks back in service.
Your chief and/or safety officer probably have guidelines they follow.
Comment by Joey "BigShow" De Piano on September 29, 2008 at 9:52pm
Comes down to paid or vollie from what your saying I am taking it your paid in which case you are covered under the Temporary Disability act the Feds not state Feds of Social Security put in place, which has statements along the lines that if you are well enough to work but are restricted be it perm. or temp. you will be given a position that fills the need of "a labeled " medical condition, now bear in mind you will not be making any new friends anytime soon if you push this, but either way if you take the "desk job" or not you still are to be as per the law commensated for injury on the jon hence workers comp. you will not get fired for that in fact if they tried your name will be on the building after the attorneys chat, but seriously I understand you want the time there but this is your health Bro, take the time if your getting paid man it might save you down the road I see you put that the Doc's found nothing ok but think logic something made you feel that way its a warning you did something wrong be it stress , to much weight of the hose whatever, and on the flip side if this came to push and shove you might lose cause the insurances first question is gonna be why did you try and lift and carry that when he could have backed up or got more guys. But back to where you find things go online to Social Security benefits, also the Americans with Disabilities web sight, also you go on Usa.Gov.org and somewhere in there under legislations you will search out on the job injuries and find about 2 novels full of info, also there is a new "sick time " being given to all people not sure if every state has taken in it yet we have here in NJ but it says that if you need time from work you are given upto 10 days paid time now depending on time you are out and cirumstances you have to use your next or previous time aquired then the days kick in, now that might be different in your case since it was at work, almost sure it is, but it will lead to light duty and yes there is light duty it is called administration duties the reason you may or may not get this is fairly simple if you are only going to be out say a month the time it will take to train you or have you do what you might know is a burden on them cause before you become "productive" your back to what you were doing and that goes to payroll changes blah blah.. I would call the Doc and ask exactly how long light duty is and demand an answer if nothings wrong in his eyes then why light duty?...Or he might be thinking like I posted prior in this ..something made you fee lthat way and he isn't going to be the one that gets you hurt (god forbid) if he couldn't find what it was, so unless your in dire need go home kick the dog put your feet up and gra a brew and wait it out but before you return take some friendly advice hit the gym and see if those symptoms return or not might save your life Bro good luck and stay safe.
Comment by Paul Montpetit on September 29, 2008 at 8:08am
I hate to sound like the devils advocate...BUT...If you aren't fit for duty then sick leave is where you should be....You don't want to aggravate an existing problem and be laid up even longer.....and your department doesn't need the liability of you going against the Doctor's advice and getting hurt.....go back to the Doctor and get a time frame and then follow his/her advice...then come back to duty with a full head of steam....Stay safe and remember to keep the faith....Paul
Comment by Art "ChiefReason" Goodrich on September 28, 2008 at 11:07pm
Eddie:
We ask the medical providers to be specific when they write "light duty". "Light duty" can mean many things. That's why we require a doctor's note that states, among other things, how much they may lift, twist, turn, squat, drive a vehicle, rest periods; in other words, how much do we have to "modify" their regular job tasks to accommodate the restrictions. WE determine whether or not we can accommodate the restrictions. If we cannot, then the employee stays off work until their medical restrictions improve until we CAN accommodate them. In the meantime, the employee applies for protection under FMLA and if they don't qualify for FMLA, they may request personal leave. If they do not qualify for either, they might be separated and instructed to re-apply once they are medically able to return to regular job duties.
All states must have a workers' compensation system. Even volunteer departments must be covered by some form of workers' comp. If you cannot work because they cannot accommodate your restrictions, then they must pay you the equivalent of 66 and 2/3 of your average weekly wage, either based on the salary of a paid firefighter or the average that you make at your regular job, assuming that you work a full time job outside of your volunteer fire department.
You need to request from your department a work injury report and the contact person for your workers' comp insurance company and if they don't want to do that voluntarily, then you should consult an attorney who specializes in personal injury and work comp injuries. It may be the only way.
Try to do it in a "nice" way.
Good luck. Hope this helps.
TCSS.
Art
Comment by Eddie on September 28, 2008 at 9:29pm
Hey Joe - yea we have fire police and EMS only - But I asked and was told all or noting - when I frist put my appt. in for membership I asked for fire police - but the head chief that has the fineal word where members go said - said engine company - and that where I been -
( Here the chit part - the caption that said no - is suppose to out with a hurt back from he paid jab as a firefighter for New York City - but he was'ent told to go out medical) he still doing work for the volunteer house/figer that out - gess its only good for one not all!
Comment by Joe Stoltz on September 28, 2008 at 8:20pm
Eddie -

It's medical leave, right? They aren't kicking you out of the department. Was there a time limit on the "light duty?" Or did the doctor find something that you haven't disclosed yet, and the light duty is long term?

Does your department have fire police? Seems like that would be light duty.
Comment by Ben Waller on September 28, 2008 at 6:35pm
Light duty is an individual department or local government policy. My municipality uses light duty firefighters and other employees to take care of administrative work on those projects that seem to never get done without the help. Our philosophy is that we'd rather have the employee being productive, staying engaged with the department, and being where we can help them if they need it. The other option is to have the firefighter sitting at home, being non-productive, not engaged with the department, requiring more effort to get them up to speed when they get back, and where they may be alone and not able to call for help if they need it.

An unintended side effect is that no one wants to get back to full duty capability more than the light duty guys - most of them aren't too fond of administrative work and can't wait to get back to their company.

All in all, everyone in the picture can benefit from a reasonable light-duty policy.
Comment by Kenneth Holley on September 28, 2008 at 6:14pm
I guess you could sit in your radio room when your dept goes out on a call. Does your dept have workman's comp? If they do you should be careful with what you do at the station. Don't respond to any calls until you get a release from your doctor.
Comment by Eddie on September 28, 2008 at 5:32pm
For got to post it -
"Were" a volunteer dept - No unions - not paid - Long Island,New York - volunteer!
Comment by Brian Dumser on September 28, 2008 at 5:23pm
Does your F.D. have a Fire Prevention Bureau? You could do inspections. If not, it's up to the Chief. These laws/rules vary from F.D. to F.D. Good luck!

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