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denied heart/lung disability after 4 bypasses

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  • denied heart/lung disability after 4 bypasses

    I had a cardiac event in 2003, not a heart attack, but they couldn't fix me with medication, and balloon angioplasty failed because the main artery was blocked 100%. I ended up with 4 bypasses, and I have to wear a compression stocking every day to fight poor circulation in my left lower leg that resulted from the vein harvesting for the bypasses.

    I have been a cop since 1977, but only on the state of Iowa payroll for 10. I put in for disability retirement under the section that specifies that 'heart/lung disease is presumed to be a job related injury', but the POR board rejected my application. They claim I am not 'disabled', even though within the past 3 years they've let out guys with only 2 bypasses and just a single stent put in.

    Does anyone else know of anyplace that would make a guy stay on the job after 4 bypasses??

    Can anyone help support my position that I should qualify for the disability retirement??

  • #2
    Why don't you want to go back to work?
    www.traffic enforcement.org

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    • #3
      Why don't you want to go back to work?
      Please tell me that was sarcasm!

      jri96, good luck. Keep me updated.

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      • #4
        Originally posted by tommytrafficcop
        Why don't you want to go back to work?
        "Life's tough, it's tougher if you're stupid." John Wayne

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        • #5
          tommytrafficcop that was cruel.

          You need a great disability attorney that would clean their clock on this one...............

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          • #6
            Guess what I was asking about was what other retirement & disability systems have to say about heart disease. "Somebody" said they heard from "somebody else" (I know how that goes) that other places put you out if you have surgical intervention - even getting a stent put in. What the real scoop around the country??

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            • #7
              Originally posted by jri96
              Guess what I was asking about was what other retirement & disability systems have to say about heart disease. "Somebody" said they heard from "somebody else" (I know how that goes) that other places put you out if you have surgical intervention - even getting a stent put in. What the real scoop around the country??

              In the NYPD a stent or more is LOD and gives one a disability pension. Actually it's a state law.
              Life is like a 3 ring circus and cops have a front row seat. It`s The Greatest Show On Earth.

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              • #8
                How this is viewed varies from state to state. In California, heart disease is presumed to be work related. However, that is a rebuttable presumption and I have seen officers' claims denied because the Department believed their heart condition was the result of non-work related things such as diabetes, obesity, etc.

                It used to be that if your work related injuries prevented you from performing the basic duties of your job, you were elligible for a disability pension. However, we just had a new case decision come out that says if there is a light duty position available within your agency that will meet your limitations, you are not elligible for a disability retirement.

                Your state should have a whole slew of worker's compensation lawyers that specialize in law enforcement cases. Their fee is usually based on a percentage basis of your final disability award. If you have a statewide police accociation, check with them. They can probably direct you to several such attorneys.

                Good luck!
                Going too far is half the pleasure of not getting anywhere

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                • #9
                  Re: denied heart/lung disability after 4 bypasses

                  Originally posted by jri96
                  I had a cardiac event in 2003, not a heart attack, but they couldn't fix me with medication, and balloon angioplasty failed because the main artery was blocked 100%. I ended up with 4 bypasses, and I have to wear a compression stocking every day to fight poor circulation in my left lower leg that resulted from the vein harvesting for the bypasses.

                  I have been a cop since 1977, but only on the state of Iowa payroll for 10. I put in for disability retirement under the section that specifies that 'heart/lung disease is presumed to be a job related injury', but the POR board rejected my application. They claim I am not 'disabled', even though within the past 3 years they've let out guys with only 2 bypasses and just a single stent put in.

                  Does anyone else know of anyplace that would make a guy stay on the job after 4 bypasses??

                  Can anyone help support my position that I should qualify for the disability retirement??
                  I know a firefighter that fell off a building about 3 floors and landed on his back on his pack. They put him on light duty. I'm surprised he can still WALK.

                  Never surprises me.

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