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| Filling out CD-72 Accurately |
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THE IMPORTANCE OF FILLING OUT YOUR CD-72 ACCURATELY AND COMPLETELY
The Line of Duty Member Injury Report (known as a "CD-72") is one of the most important documents that falls within the purview of the FDNY Regulations of the Uniformed Force (ROUF). Of course, as any Officer will tell you, it must, first and foremost, be prepared within the guidelines set forth in the ROUF.
However, equally as important, it must be filled out accurately to reflect the essential facts and circumstances of the accident and injury. The salutary purpose of this accuracy is to both protect your pension as well as to create an accurate history of the occurrence in the event of any future litigation.
With respect to an accidental disability pension, one must be mindful of the "incident/accident" dichotomy. If your injury is the result of something that is deemed not to be "accidental, fortuitous or unforeseen" it may result in a denial of a "3/4" pension.
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For example, if a member, while sliding down the pole at quarters, lands on the floor padding and tears up a knee, and fails to denote on a CD-72 that the accident was as a result of undue moisture on the pole, this could be deemed an "incident." Members are supposed to know through training how to properly slide the pole. Thus, a CD-72, which states: "Member injured knee while sliding pole," may be construed as an "incident" -- however, if the water or moisture on the pole was the precipitating cause of a knee injury, this must be spelled out.
After two decades of representing firefighters, it never ceases to amaze us how careless some members are when it comes to protecting their own legal rights. This is especially evident in some of the court cases where negligent landlords and commercial tenants cause injury to firefighters by reason of all manner of fire and building code violations.
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Question: Which of the following CD-72 descriptions is potentially harmful to a firefighter's chance of getting justice in court?
The two CD-72's above are examples of a good one and a particularly bad one. The top one gives a thorough description of where the member's LOD accident occurred; "while ascending stairs, marble tread collapsed under my rt foot..." and how his injuries were sustained; "fall...through step...my head slammed into steps...".
Unfortunately, the CD-72 on the bottom does not accurately reflect how the member's accident occurred.
When that member first came to us, he reported that he had "tripped over debris and boxes that were left on the stairs leading to the basement." He also told us that "the lights on the landing were out, making visibility poor." Unfortunately, he failed to include any of these critical factors when he signed his CD-72. Simply stating he "slipped on stairs" was not descriptive enough.
While it is certainly possible to submit an "amended" CD-72 to more accurately reflect the facts of one's accident, you can imagine how devastating the eventual cross-examination of that member will be. Proving that the member actually "tripped over boxes", rather than "slipped on water" from the hose, will be an uphill battle. While we hope to get this member a fair settlement for his serious knee injury, it may well be less than what he is entitled to.
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The plain message here for LOD accident victims is that while the CD-72 records your LOD injury, what is frequently overlooked is the importance of a complete and accurate description of how the injury occurred. It is your right to insure that the CD-72 is completed properly and to your satisfaction. Pictures of the defective condition that caused your accident are always helpful to help a jury or the Pension Board see for themselves what caused your injury. Noting a defect or building violation that contributed to your accident, along with documenting for yourself the names of witnesses, will help you in all respects.
Also, be mindful that litigation against negligent building owners is almost always adversarial, and proceedings before the 1-B Board can become just as challenging. Don't create unnecessary problems by failing to accurately complete your CD-72s.
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