Arbitrator says Sudbury officer’s off-duty workout injury covered by 111F

An arbitrator recently awarded 111F benefits to a Sudbury police officer who tore his pectoral muscle while bench-pressing off duty.

The grievant, Ryan Boyd, argued that he injured himself in preparation for a Metro-Lec Metro Star Rapid Response Team (RRT) fitness assessment. Participation in Metro-Lec by a town requires that the participating town pay an annual fee and commit 10% of its force to the unit.

Since Boyd’s participation in the unit provided a benefit to the Town of Sudbury, his position in the unit was contingent on being in good physical shape, and he was instructed by the unit to “keep training” he argued that his injury was “consistent with and helpful to the accomplishment of police functions.”

The Town of Sudbury argued that Boyd was not being paid, was not on call, and that his weightlifting was not in the performance of his duties. Their position was that physical fitness was akin to a “trait or characteristic” such as mental skill, logic, or communication skill. The Town also stated that Boyd’s past history of physical fitness showed that it was a “hobby” and not something he undertook specifically to improve his performance as a police officer.

Because Boyd was instructed by the RRT to “keep training”, good to excellent physical fitness was necessary for participation in the unit, and the unit provided a recognized benefit to Sudbury the arbitrator ruled in favor of Boyd and the union, stating that his injury “arose out of and in the course of his employment”.

For the entire report go to: Town of Sudbury and Sudbury Police Association MCOP Local 370

 

About Attorney John J. MacLaughlan

John MacLaughlan is Massachusetts licensed attorney as well as a Boston police officer. John is currently assigned to the Youth Violence Strike Force (Gang Unit). He is a graduate of the Massachusetts School of Law with a concentration in Labor Law. He holds a Master’s Degree in Criminal Justice from the University of Massachusetts at Lowell as well as a Bachelors Degree in Political Science from the University of Massachusetts at Amherst. John has taught Defensive Tactics, Firearms, Use of Force, Applied Patrol Procedures, and Police Response to Active Shooters to sworn police officers and police academy recruits. Prior to becoming a Boston Police Officer, John served for 9 years as a police officer in Lowell, where he was a member of the Police Dive Team and Patrol Rifle Team.
This entry was posted in Civil Service News & Information, Mass. Labor Law News & Cases and tagged , , , , . Bookmark the permalink.

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