Police union calls for reform of worker’s compensation policies
Officer Frank Barbagiovanni’s frustration with not receiving a timely response from the city led him to contact the media, which, coupled with the details of his attempt to save the boy’s life, brought a firestorm of attention Friday on City Hall.
Barbagiovanni arrived at a call for help in November to find a woman begging him to save the life of her son, who wasn’t breathing. Barbagiovanni’s actions giving the boy CPR were heroic, Police Chief William Gagliardi said Friday. Despite the officer’s efforts, however, the boy later died.
Barbagiovanni is wondering why it took him going to the media to get the city to explain why it denied his worker’s compensation claim.
He said the claim he filed was meant to notify officials that he had potentially been exposed to communicable diseases while trying to save the boy, who vomited as Barbagiovanni was treating him.
“I’d do the same thing again, but next time I just have to go straight to the mayor’s office to make sure I’m covered,” he said Friday, minutes after meeting with union officials and Mayor Timothy O’Brien about the denied claim.
City officials said Friday that Barbagiovanni has not suffered any job-related injury so there was simply no need to file a claim.
The form he received from city attorney Seth Feigenbaum indicated he had been denied based on there was “no medical evidence that (he) sustained an injury arising out of, or in, the course of employment” by being exposed to bodily fluids. The form also said the city will pay for any medical testing.
Barbagiovanni was also concerned that if he became sick at any point in time, the city wouldn’t stand by him. His most recent medical tests were negative.
“What I got from the letter was that you weren’t supposed to do that,” he said. “What do I do if it happens again? I mean what would you do if I were called to your home, what would you do if I just stood there?”
The six-year veteran of the department penned a letter to the mayor, the police chief, the Police Commission and Feigenbaum last month over the denial of his claim.
Sherwood said O’Brien had told city attorneys to respond to Barbagiovanni’s questions in a timely fashion. But Sherwood concedes that never happened.
“The officer did everything correctly, he’s a quintessential public servant who got life-saving training and used it properly,” Sherwood said. “Police and fireman need to know if they get injured while performing life-saving duties, the city will have their back.”
Sherwood stressed that performing CPR is considered a responsibility of police and that Barbagiovanni “did everything by the book, we should be thankful we have people like that” working in the city.
City Corporation Counsel John King said the denial of Barbagiovanni’s claim does not preclude him from filing a claim in the future if he does become sick.
He would have to demonstrate that the illness or injury was caused during the course of his work-related duties, he said. “I think everyone would agree that CPR is a work-related duty for a police officer.”
Barbagiovanni received an apology from the mayor Friday.
“The problem was in Frank’s case there was no visible injury,” police union President John Gonzalez said. “It was a possible exposure. There was no injury yet. They probably need to send something else with it (the denial) or reach out to the guy filing the claim so they understand what it means.”
Comments
polock wrote on Jan 21, 2012 8:42 AM:
Lou Salvio wrote on Jan 21, 2012 12:43 PM:
Once again, the O'Brien Administration looks first to fix blame instead of limiting what Sherwood tells the media as to what is factual. Every time a situation like this one occurs, some city official gets thrown under the bus because of ineptitude in the Mayor's office.
I believe that a "Pandora's box" has been opened. In the future, in similar situations, it's possible that police officers or others may balk at providing potentially life saving procedures until they have checked with the Mayor's office and their unions. "
polock wrote on Jan 21, 2012 1:40 PM:
you keep blaming just the obrien admin, even though claims under the STEWART admin were handled EXACTLY the same. so is he at fault too?
cmon lou, you know how the city does its business. it hasnt changed in years, through out many different admins. "
jez wrote on Jan 21, 2012 3:03 PM:
sharhenlee wrote on Jan 21, 2012 3:39 PM:
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Dwight Blint wrote on Jan 20, 2012 11:14 PM:
We should be thanking Officer Frank Barbagiovanni for what he did, not giving him a hard time.
Every resident of New Britain should be outraged by this. No officer should have to think twice before attempting to save a life. "