Police union calls for reform of worker’s compensation policies

Friday, January 20, 2012 9:05 PM EST
NEW BRITAIN — Police union officials are calling on city leaders to revamp the worker’s compensation process after an officer who attempted to save the life of a 10-year-old boy waited a month for an explanation of his claim.

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 contends the explanation by the city is that CPR is not a work-related function and therefore is not covered as part of any 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

Dwight Blint wrote on Jan 20, 2012 11:14 PM:

" Look at Sherwood and O'Brien back pedal now that they are looking bad in the media.

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. "

polock wrote on Jan 21, 2012 8:42 AM:

" this issue has nothing to do with this mayor or any previous mayor, it has to do with how the city attorney does his business. at least give credit where credit is due.... "

Lou Salvio wrote on Jan 21, 2012 12:43 PM:

" "He contends the explanation by the city is that CPR is not a work-related function and therefore is not covered as part of any claim."

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:

" "because of ineptitude in the Mayor's office"...........

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:

" The ineptitude is in the corporation counsel office and has been for years. City attorney Seth Feigenbaum has messed with city employees for years when a workmen's comp claim is filed. He denies everything and then strings along the employee for as long as he can forcing the employee to hire a private attorney before anything gets done. If people think this is a firestorm at city hall, a reporter should do some investigative reporting on how Seth has treated city employees over the years he's been in charge of comp claims. The you'll see a real firestorm. "

sharhenlee wrote on Jan 21, 2012 3:39 PM:

" Combining this article with that in the Hartford Courant---and please keep in mind the traumatic effect that all of this media attention must be having on the family of this poor little boy---this incident that met with a tragic outcome occurred on November 11th. It happened during the transition from Mayor Stewart's administration to the other and Mayor O'Brien was not inaugurated until Novemeber 15th. No matter, it was placed into the hands of our Corp Counsel. Online, there is the website "State of Connecticut Workers' Compensation Commission" with a wealth of info. Now, under the Courant article, negative comments abound w/ regard to our City officials and PD officials. As the NBPD is trained in CPR and if they are the first to arrive on the scene, they then need to act as trained and sworn to oath w/o fear of retribution and w/o having to second guess their response/action. Imagine having to second guess your training and response/action as a Police Officer in far more dangerous situations which is something we do not want our Police Officers to have to do at any time---second guess. CPR is anyone's moral obligation if trained, in Blue or not. All Police Officers should be supplied with the emergency equipment necessary to allow them to perform CPR in a safe and effective manner should they be the first to arrive at a situation that would require them to do so. My sympathy is with this family and my concern is for this Police Officer and others who experience such traumatic and stressful events every day. My hope is that they are all provided the necessary tools and support to work through this post traumatic stress and on a regular basis, now and in the future. Officer Frank Barbagiovanni is a fine, moral human being who happens to be a fine New Britain Police Officer, doing his job as trained and taking the oath he was sworn to in the spirit and truth that it was written. Mr. Sherwood was absolutely correct in saying we have his back. You bet we do and as the public, we will hold them to it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! "


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