Hey, there! Log in / Register

Court orders worker's comp court hearing for Boston paramedic injured on the job before he was indicted for stealing painkillers

The Supreme Judicial Court ruled today that Boston may have to resume paying worker's comp to Brian Benoit, who suffered an incapacitating ankle injury while transporting a patient in 2011, a little more than a year before he was indicted for stealing painkillers and sedatives from vials in the backs of Boston EMS ambulances.

After Benoit was indicted, the city halted the worker's comp payments, claiming state law let it do so because he was suspended from his job. Benoit ultimately pleaded guilty and agreed to resign in 2015.

But the state Department of Industrial Accidents ordered Boston to resume the worker's comp payments because they were not "compensation" allowed to be suspended. When the city refused to resume payments. Benoit then filed suit in Suffolk Superior Court to try to force the city to accept the state order, but a judge instead dismissed his suit, saying the payments were too compensation.

Nope, the state's highest court ruled today. State law defines "compensation" as payments made "in return for
services rendered," which rules out worker's comp, because that is only paid after a worker is injured, the justices wrote in their decision. So the matter goes back to Superior Court where Benoit can again ask a judge to order the city to resume his payments.

Because workers' compensation benefits do not constitute compensation for purposes of the suspension statute, that statute accordingly does not proscribe the receipt of such benefits by suspended employees.

Neighborhoods: 
Topics: 
Free tagging: 
AttachmentSize
PDF icon Complete Benoit ruling83.53 KB


Ad:


Like the job UHub is doing? Consider a contribution. Thanks!

Comments

Dude you messed up. Why can't anyone face conequences? He is a thief

up
Voting closed 0

It's easy for some one to judge someone else when you really don't know why people do what they have done.
Regardless pay the dude, he earn whatever, contracts, agreements whatever were made when hired cant change shit after re-signed.

up
Voting closed 0