Disabled Davie Cop Says He's Being Denied Benefits, Lawsuit Claims

By Victoria Bekiempis Fri., Jun. 10 2011 at 11:40 AM

Kickstart Your Heart

A retired Davie police officer is suing his former employer and the town for more than 100 grand, claiming they schtupped him out of disability benefits after he had a heart attack on the job, according to a recently filed lawsuit.

Michael Necolletos, an 11-year veteran of the Davie P.D., filed for Workers Compensation after a 2007 heart attack left him unable to patrol.

Necolletos' troubles began when Davie okayed his Workers' Comp claim, specifically saying that it wouldn't prevent him from getting future benefits, Broward county civil court filings indicate.

About a year later, he left his job permanently because he was still too sick to work, only to find out that this was not quite the case.

When Necolettos applied for disability retirement benefits, the Davie Police Pension Board refused to pay because he received Workers' Comp, he says.

Necolettos relied on the town's promises "to his detriment" -- and is out $112,041.25 because of it, the suit claims.

Tags:

cops, Davie, disabled people, police

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Patti Lynn

Okay, I have a question. Did the Police Pension Board refuse him his pension because he is still eligible for disability/Workmen's Comp payments from the Town of Davie? That would be their fiduciary responsibility if he is supposed to be collecting from Davie. They would want to preserve the pension funds and have him paid by Davie. When he is eligible to retire, then his pension would kick in, no???? How old is he???

electricjack

6Thats the way its supposed to work. Or the actuary could decide how much he is to recieve when he is due his payment but to expect a double pile of money is 1 of the reasons that the public is fed up with silly service people double dipping......

Csharplaw

This should go down in history as one of the all time dumbest decisions by a city in Broward County. This looks like as close to a slam-dunk case of promissory estoppel that I have ever seen, not to mention that he has an absolute right to at least a return of any pension contributions that he made himself. I'd like to know who the stupid City Attorney is who advised them on this. Stealing an employee's pension like this should be a felony, and the fact that they knew he was disabled makes it even more despicable.