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Superior Officers Association

Police Department of Nassau County, New York

 

Police Department County of Nassau, New York

Superior Officers Association Police Department of Nassau County, New York 

Superior Officers Association Police Department of Nassau County, New York

 
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Attorney
E-mail: legal@NCPDSOA.COM

 

S.O.A. Labor Attorney - 

Labor Law, Employment Law Attorneys - New York, N.Y.

Barry J. Peek

Law Practice
Barry J. Peek is a Member of Meyer, Suozzi, English & Klein, P.C., and practices in the areas of labor and employment law. Since 1977, Mr. Peek has represented major public and private sector unions and their individual members throughout New York and the metropolitan area. These clients have included Local 1199/SEIU; United Federation of Teachers; Oceanside Federation of Teachers; Freeport Teachers Association; Local 237/I.B.T. AFL-CIO; Nassau County Detectives Association; Southold PBA; Garden City PBA; Council of Supervisors and Administrators; and the Suffolk County Correction Officers Association.
 
Mr. Peek has represented the aforementioned organizations in all aspects of labor relations including contract negotiations, mediation, arbitration, federal and court actions, appearances before the National Labor Relations Board and the Public Employment Relations Board. He has also appeared before federal and state courts involving all manner of employment discrimination and has lectured extensively in this area.
 
Mr. Peek also represents individuals in the entertainment industry, including news anchors, screenwriters and actors. Having practiced entertainment law for over twenty years, Mr. Peek is a trusted advisor to many in this specialized area.

Professional Profile
Before joining Meyer, Suozzi, Mr. Peek was a partner of the firm Gaba & Peek, where his practice was limited to representing public sector labor unions and individuals with employment-related issues.
 
Professional Affiliations
Mr. Peek is associated with the Cornell School of Industrial Labor Relations as a previous adjunct faculty member and has lectured on the topics of Public Sector Labor Law, the Railway Labor Act and Arbitration Law. He is a member of the Long Island Industrial Research Association, the Nassau County Bar Association Labor Law committee and Arbitration Law committee, as well as the New York State Bar Association Labor Law committee and Arbitration Law committee. Mr. Peek is rated “AV Preeminent” by Martindale-Hubbell, the highest level in professional excellence and was selected by Law & Politics Magazine as one of New York's Super Lawyers in both 2007 and 2008.

Admissions
Mr. Peek is admitted to practice law in New York State, and before the United States District Courts for the Southern and Eastern Districts of New York.


   

 Brian J. Davis

S.O.A. Disciplinary Attorney -  

Email:  brianjdavisesq@aol.com

400 Garden City Plaza, Suite 430

Garden City, New York  11530

516-542-0249 

 

 


Richard W. Lerner, P.C.

S.O.A. Disability Attorney

1 Old Country Road, Suite 125, Carle Place, New York 11514

(516) 741-4100

Email:  rlerneresq@yahoo.com


I want to thank the SOA for their kind wishes I received while recuperating from my recent surgery.  On February 8, 2010, I was operated on at Memorial Sloan Kettering Hospital for a pancreatic tumor.  I am happy to say the surgery was successful, I will need no further treatment and I have returned to work full time.

 

There is no doubt that the New York State Retirement System, in my opinion, due to the economic situation has made it more difficult to retire on disability pensions.  I believe that in the future you will see many more cases challenged in the Appellate Court. 

 

I recently reviewed a medical report for one of my clients, who works for the Nassau County Sheriff’s Department. This report was written by one of the State’s main consultants.  The doctor indicated the officer would need neck and back surgery to return to work.  In the past this would have guaranteed retirement.  I was shocked when my client received a letter to see a second orthopedist.

 

I immediately wrote a letter to the head of the medical board indicating that the medical board has lost credibility and is now “doctor shopping”.  It has been three (3) weeks since that letter was sent and I have not received a response not do I expect to.

 

In addition, in a recent decision received by my office, involved a Port Authority Police Officer who was exiting his office, took one step to get out of the door, and slipped on discarded food.  The officer testified that there was no way he could have seen the food on the steps.  The Judge ruled, because there was a waste can in the area, where the food was found, that it was not an accident but an expected event which was an inherent risk and therefore not an accident as required.  This case is being challenged in the Appellate Division.

 

It is my opinion that some of the Judges are picking up on the Retirement Systems tougher policies towards granting disability pensions.  It is important to note that the hearing officers are appointed by the Comptroller are also paid by the Comptroller.  They are not truly independent.  Most of the attorneys who practice in New York State have complained that they should be actually independent.  In my opinion this will never change. 

 

I must emphasize how important the written injury report is in order for the State to accept accident.  The most sensitive area is assault vs. restraining injuries.  A true assault is deemed an accident. Restraining is considered an injury in the Performance of Duty and will not yield an accidental disability pension. 

 

 

THE IMPORTANCE OF A CORRECT INJURED EMPLOYEE REPORT

The most important document you will ever fill out and sign as a Police Officer is known as an injured employee report. 

 

The “report” is essential for the following reasons:

 

1.               It is notice to the employer which protects your workers compensation claim; and

2.               It is notice the New York State Retirement System if it is filed within 30 days of injury date.

 

The paperwork filed post injury must be signed by a supervisor. THE UNSIGNED REPORT INVALIDATES NOTICE TO THE NEW YORK STATE RETIREMENT SYSTEM.

 

The injury report can mean the difference between no disability pension, a 50% pension or a 75% tax free pension.  The Courts have already held that the initial report has more weight than later sworn testimony.  In order to receive a ¾ pension, an officer must be injured as a result of an accident in the line of duty. 

 

The term “accident” is confusing and has been interpreted by the Courts to mean a sudden and unexpected, fortuitous happening.  There are cases that are exceptions to the rule.  A trip and fall without an intervening factor is called a miss-step and is not an accident.  An injury making an arrest, if you refer to injury as “caused while restraining the perpetrator” rather and being “assaulted by the perpetrator” you will receive a lower pension.  Also, there are a group of causes called “inherent risks”.  If there is a snow storm and you slip on ice when the ground is covered in ice and snow, this will not be considered a ¾ injury but rather a performance of duty.

 

The New York State Retirement System requires notice.  The following are ways they will be deemed proper notice:

 

1.               If the member notifies the State Retirement System within the first 30 days;

2.               If the member files a C-3 with the New York State Workers Compensation Board; and

3.           If a properly signed and acknowledged injury report is filed within 30 days of the injury.

 

REMEMBER: BE VERY CAREFUL WHEN FILLING OUT YOUR INJURY REPORT: INCLUDE ALL INJURED BODY PARTS AND BE SPECIFIC IF IT IS AN ACCIDENT. YOU MAY THINK IT IS A MINOR INJURY AND IT MAY TURN OUT TO BE CAREER ENDING.


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