Nevada | Federal Tort Claims
Legal Question
retired P.O. 20 yrs w/ LVMPD (79 to 99). In 89 received gunshot wound on duty, contracted HepC 1b
from transfusions. retired 99 and began losing massive amounts of weight, down to 130 from 225. Now in end stage liver disease. declared PTD by courts in 05. Applied for benefits under PSOBP (originally home town hero's act) administered by DOJ for cops & fireman. was denied (however not officially) due to them using my date of injury as the date I was shot, which is about 6months before the between dates set by DOJ. I'm PTD'ed for end stage liver disease not because I was shot.There wasn't anything wrong with my liver in 89 or90 or 91 etc. US supreme court in Bath ironworks v. commissioner ruled "in cases involving occupational diseases the date of injury is not to be confused with date of exposure" "the date of injury is when the victim begins to notice the symptoms". I sent DOJ the case law and they left a mess on my answering machine that after review they decided that they didn't have to abide by the supreme court decision. They wont send me a denial of benefits letter so I can appeal. They have been chastised numerous times by the court of appeals for not acting within the spirit of the bill. Lots of info on the net about how doj denies cops and fireman for the most ridicules reasons, most of whom have died in the line of duty. DOJ is apparently out of control and doesn't answer to anyone.
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Read More Answered By: Paul Malikowski |
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