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Worker's comp doesn't cover cop's fall, city attorney says
By Steve Dunn/Gate City Managing Editor
A Keokuk police officer who broke his wrist when he fell on the ice in a private parking lot shortly after his shift ended would not be covered under worker's compensation, City Attorney Tom Marion says.
“My main objective is not to be without sick time when I get back (to work),” officer Scott Kindig told the Keokuk City Council last week.
Kindig, who believes he should be covered under worker's compensation, has 50 hours of sick time left.
Kindig said he got off work about midnight on Feb. 26 when he fell and broke his wrist in the Aldi's parking lot across the street from the Keokuk Police Department.
“I did not even get to my car,” he added.
The Aldi's parking lot is the only place where police officers can park when they're not on duty, according to Kindig.
After reviewing the statutes and case law, Marion concluded “that a particular police officer would not be covered by the city after his duty has ended and while traveling to and from work.”
“His fall on private property where he parked his vehicle in preparation to commence work is not covered,” Marion added.
The part of Iowa Administrative Code that specifically deals with fire protection and law enforcement employees defines compensable hours as all of the time during which an employee is on duty on the employer's premises or at a prescribed work place, Marion said. Compensable hours also include pre-shift and post-shift activities that are an integral part of the employee's principal activity or which are closely related to the performance of the principal activity, such as writing up and completing tickets or reports, the city attorney added.
The Iowa Administrative Code also says that normal home to work travel is not compensable, even when the employee is expected to report to work at a location away from the location of the employer's premises, Marion said.
Kindig was told he could use sick leave and have his medical bills from the fall paid by health insurance. Nothing from the fall has been billed to the health insurer yet. Marion indicated he hadn't seen anything from workman's compensation.
“My main objective is not to be without sick time when I get back (to work),” officer Scott Kindig told the Keokuk City Council last week.
Kindig, who believes he should be covered under worker's compensation, has 50 hours of sick time left.
Kindig said he got off work about midnight on Feb. 26 when he fell and broke his wrist in the Aldi's parking lot across the street from the Keokuk Police Department.
“I did not even get to my car,” he added.
The Aldi's parking lot is the only place where police officers can park when they're not on duty, according to Kindig.
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“His fall on private property where he parked his vehicle in preparation to commence work is not covered,” Marion added.
The part of Iowa Administrative Code that specifically deals with fire protection and law enforcement employees defines compensable hours as all of the time during which an employee is on duty on the employer's premises or at a prescribed work place, Marion said. Compensable hours also include pre-shift and post-shift activities that are an integral part of the employee's principal activity or which are closely related to the performance of the principal activity, such as writing up and completing tickets or reports, the city attorney added.
The Iowa Administrative Code also says that normal home to work travel is not compensable, even when the employee is expected to report to work at a location away from the location of the employer's premises, Marion said.
Kindig was told he could use sick leave and have his medical bills from the fall paid by health insurance. Nothing from the fall has been billed to the health insurer yet. Marion indicated he hadn't seen anything from workman's compensation.
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