NBC 10 I-Team finds police, firefighters who remain 'injured on duty' for years, decades

Police and firefighters are often put in harm’s way protecting the public. Their jobs inherently cause disability injuries.

In Rhode Island, state law protects a public safety worker’s full pay and benefits, until they recover. It’s called injured on duty or IOD.

But, what happens when a temporary benefit becomes more permanent?

In 2015, the NBC 10 I-Team found instances of police officers and firefighters, who fell through the cracks, placed on IOD for years and bounced between retirement system denials and court appeals.

In 2019, long term IOD is still happening both at the state and local level. One case lingers from 1998.

You read that correctly.

A heart condition forced Cranston firefighter Craig Marciniak on IOD in 2006. He applied for a 66-and-two-thirds tax-free accidental disability pension through the state’s retirement board, but was denied. The fire private remained on Cranston’s books for 12 years at full pay and benefits.

In 2017, that pay package amounted to $101,979, according to city records. Marciniak, 55, retired in early 2018. The city cut him checks totaling $103,048 for sick and vacation time he didn't use while off the job.

Damon Borrelli hasn't worked a shift at the South Kingstown Police Department since a back injury in 2010. He’s been paid ever since. Last year, that money totaled $97,216 in salary and benefits, according to town records. Since being on IOD, Borelli earned his law degree and is a practicing litigation attorney, according to his LinkedIn profile on social media.

In March, the town made a bold move and took Borrelli off IOD on the same day the state retirement board granted him an ordinary disability pension, which is less coveted because it’s taxed. The officer has been denied an accidental disability pension six times. Borrellli, 49, is fighting the decision to retire him, but is eligible for $75,250 in unused sick and vacation time, according to town records.

“The things you're reporting in this story would never happen in the private sector,” said Mike Stenhouse of the Center for Freedom and Prosperity, a taxpayer advocacy group. “You know the reason we have the third highest property taxes in the country is because we're paying people like this who aren't working,” he added.

At Rhode Island's League of Cities and Towns, Executive Director Brian Daniels hears from mayors and town administrators, who struggle to manage budgets and overtime with phantom employees.

“These are extreme examples, but they show why the law is broken,” said Daniels. “It is a vacant position that is in the police force or the fire department, and they can't fill that spot because that is a spot. Potentially that person could come back, so they have to hold it open,” he added.

In Warren, the NBC 10 I-Team discovered a certain IOD rarity. Detective Michael Clancy has been injured on duty since 1998, with a staph infection to his back. For 21 years, he has received a full paycheck and health benefits.

According to town records, Clancy collected $114,155 most recently in salary and benefits. When reached on the phone, Clancy said he dedicated his life to policing at the early age of 17. Now, 62, he struggles to walk and pointed the blame at lawmakers and those who have denied his claims at the state retirement board.

“This needs to be corrected on Smith Hill, and should have been years ago. It’s a shame that it wasn’t.”

Similar to Clancy’s comments, Cranston’s fire union also criticized the Employees’ Retirement System of Rhode Island, or ERSRI, for denying Marciniak’s bid for an accidental pension back in 2015.

A spokesperson for ERSRI defended the board’s decision making.

“The Retirement Board considers the evidence as well as the opinion of independent medical examiners for each disability application in order to ensure benefits are only granted to those who are actually disabled by an on-the-job accident,” said Evan England.

So, how do employees stay on the books for years, decades, without coming back to work? Most criticize vague language in the IOD law http://webserver.rilin.state.ri.us/Statutes/TITLE45/45-19/45-19-1.HTM

Gov. Gina Raimondo is pushing for reform to restore the program to a temporary benefit. Some details include requiring independent verification of a worker’s injuries. Right now, the employee's own doctor determines whether the injured worker is at maximum medical improvement. Also, the current law only makes mention of an accidental disability pension (those totally disabled from all work), and does not mention an ordinary disability (those disabled from a specific job). The state is also working with labor unions on light duty, as a way of getting workers’ back on the job.

While Raimondo's reforms are welcomed by state department heads, they are limited only to state workers. They would not apply to the cases explained here.

“It's the exact same situation. The same challenges the state is facing, the cities and towns are facing,” said Daniels, from the League of Cities and Towns. His organization is drafting separate legislation for that purpose.

NBC 10 tried reaching all of the employees mentioned in this report for comment, including their attorneys. Clancy was the only IOD employee to engage in conversation. If Clancy retires this year (his 33rd) he would also be eligible for unused sick and vacation time, totaling $65,570, the town told the I-Team.