Ex-trooper who copped probation for homicide pleas seeks benefits
Imagine a state trooper racing down a crowded, post-holiday Interstate, en route to the scene of a crash, his vehicle’s speed sometimes exceeding 120.
Now, rather than the intensely focused concentration one might expect from a trained high-speed driver, think instead of the trooper driving while e-mailing another officer and cell-phoning his girlfriend.
Teens’ car bisected
If that sounds like a formula for tragedy, you’re on track. The result was the deaths of two teenage sisters, Jessica (18) and Kelli Uhl (13), killed when former Illinois State trooper Matt Mitchell’s speeding vehicle jumped the median on I-64 and sliced through the car they were in.
We’ve covered some unusual workers comp cases, from the unusual to the offbeat to the wacky–even bizarre. But Mitchell’s case takes the discussion to a different level.
The crash occurred in 2007, the day after Thanksgiving, and Mitchell spent nearly two years suspended from duty but drawing full salary–nearly $70,000.
Guilty plea nets 30 months’ probation
As reported Sept. 22 at the St. Louis Post-Dispatch’s Web site, “He eventually pleaded guilty of two counts of reckless homicide in a deal for 30 months on probation. He also resigned from the Illinois State Police, which was planning a disciplinary case against him.”
Latest development sparks outrage
Then last week the ex-trooper filed for workmen’s compensation for his own injuries sustained in the wreck.
Observers are outraged. Not only will taxpayers ultimately foot the bill surely to come from the pending wrongful deaths suit, but because the trooper was a state employee, his workmen’s compensation benefits will also come from state coffers.
Now, this is sort of an inverse proposition to the volunteer firefighter we discussed, whose case hinged on whether he could be called to duty by circumstances–that is, by being or coming onto the scene of an accident–or whether he could only be called officially to duty by receiving a call through channels (by the dispatcher).
On duty? No doubt
No, in Mitchell’s case there is no doubt he was on duty. According to a southwestern Illinois news outlet, that question was even legally finalized in civil court:
During the hearing on the civil suit filed by the Uhls’ parents in the Illinois Court of Claims, the Illinois attorney general, who represented the state police in the suit, signed a stipulation agreeing that, despite his plea to the criminal charges, Mitchell was acting in his capacity as a state trooper when the accident occurred.
“That admission seals the deal,”[said Rod] Thompson [a Belleville worker's compensation attorney]. “That’s all you need to get a compensible [sic] injury.”
Negligence not an argument
According to the bnd.com account, the state’s only out would have been to be able to prove that Mitchell was not on the job and that three lawyers agree he is due to receive the workers comp bennies. Furthermore, even Regular Joe employees, under state law, can be negligent or even high and still qualify for benefits:
“If the accident occurred in the furtherance of the function of your employer, even if it was done in a negligent manner, it can be compensible [sic] under the Worker’s Compensation Act,” said Rod Thompson, a Belleville worker’s compensation attorney.
“If an accident arises out of the course and scope of a person’s employment, the employee is entitled to worker’s compensation, despite their poor judgment,” said Bruce R. Cook, a Belleville lawyer who handles worker’s compensation cases.
Ian Elfenbaum, a Chicago lawyer, said an employee can be under the influence of drugs or alcohol when an injury occurs and still collect worker’s comp benefits.
“You can be reckless and even negligent while working in the course and scope of your employment,” said Elfenbaum. “Negligence or recklessness on the part of the employee is not a defense for the employer.”
‘Permanency’ awards
Mitchell received what were reported as severe leg injuries.
His injury might also qualify him for permanent benefits, according to the Post-Dispatch. “Under Illinois law, an injured worker may be entitled to a “permanency’ award, said Michael Korein, a personal injury attorney who practices in East St. Louis. The amount is determined by the type and degree of permanent injury.”
In effect, Mitchell’s portion of the incident alone could cost the state hundreds of thousands of dollars–in non-taxable benefits–not to mention any award in the wrongful death lawsuit.
The bnd.com piece contrasts the state’s intent toward injured workers against Cook’s regard for the ex-trooper’s claim: “Illinois worker’s compensation was designed to allow injured workers easier access to health benefits and awards, Cook said, adding that ‘this claim is an insult to taxpayers and those two girls’ families.’ ”
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Frequently enough, a workmen’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
