This is the final article in a series of three, explaining a correctional officer’s right to receive Duty Disability benefits following a debilitating, on-the-job injury. It is the perspective of the attorneys at Meuser Law Office that special consideration should be given to all government employees who devote their time to protecting the public, and, as such, they will work tirelessly to ensure injured correctional officers and other public employees are provided with fair access to Duty Disability benefits. Click here if you would like to read the first article in the series or click here if you would like to read the second article in the series.
C. Element 3: Inherent Dangers Specific to a Correctional Officer
The final element in the Duty Disability analysis is whether the performance of a correctional officer’s duties presented inherent dangers specific to the positions covered by the Local Government Correctional Service Retirement Plan. This element consists of two subparts: 1) whether the duty presented inherent dangers, and 2) whether the inherent dangers were specific to the position.