Arbitrator Agrees with Pyle Rome and Malden Fire Local 902: Fire Fighter Entitled to IOD For Absences Six Months After Injury
Firefighters should not be penalized for attempting to work through injuries, instead of immediately seeking injury leave. That is a takeaway from a decision by an Arbitrator for an injury-on-duty, G.L. c.41, Section 111F claim involving a Malden Firefighter. The Award is attached.
Unfortunately, it is not unusual for firefighters to experience strain or discomfort as a result of the job. Such discomfort can result from carrying 70-plus pounds of equipment, lifting morbidly obese patients, and other tasks. That is why it can be critically important for firefighters to document every single negative physical reaction in an official injury-on-duty report, because it can be hard to tell when lower-back pain will quickly resolve with rest and pain relievers, or will escalate into a more enduring and potentially disabling over time.
In Malden, a firefighter frequently experienced lower-back pain on the job, which they documented on IOD forms. The firefighter could resolve the spasm by themselves - through a combination of rest, stretching, pain relievers, and heat application. They documented an injury in January that caused lower back pain, and treated that pain through traditional methods. The pain, however, never resolved and in fact increased. They also kept working, not wanting to be accused by the Chief of abusing paid leave. After the traditional pain relief methods did not work, they sought professional treatment. The providers required the firefighters to pursue conservative treatments first. An MRI finally revealed that the firefighter had been suffering from a pinched nerve. A back surgeon recommended that trhe firefighter stop working - about six months after the injury. The surgery successfully addressed the firefighters pain and they were back to full duty within a few months. The back surgeon provided a statement connecting the injury to work.
The Fire Chief denied the Firefighter's request for IOD for a simple, incorrect reason - the request was too far away from the injury and therefore cannot be related to the January injury. The Arbitrator wisely rejected the argument, and believed the testimony of the firefighter that they were in pain from the injury, sought to treat the injury at home and sought medical treatment once those issues were successful. The Arbitrator ordered the City to restore sick leave and provide compensatory leave for shift swaps the firefighter was forced to work once her pay was exhausted.
"The evidence in this case established by a preponderance of the evidence that FF suffered a work-related injury in January 2025, which was exacerbated by continued lifting and working in a physically demanding job. The evidence supports that FF injury and its exacerbation, which ultimately led to a diagnosis of disc herniation and required surgery, was work-related and for which was entitled to injury on duty leave for the period of absence."
