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Posted on Fri, Apr 13, 2012 : 2:59 p.m.

Court of appeals: Ann Arbor did not violate whistleblower act

By Kyle Feldscher

Judges with the Michigan Court of Appeals upheld a decision finding the city of Ann Arbor did not violate the Michigan Whistleblower’s Protection Act by denying a police officer’s worker compensation claim in 2010.

The decision was handed down Thursday after oral arguments took place on April 4, according to Ann Arbor City Attorney Stephen Postema. Officer Dawn King had alleged the city had not reopened a workers compensation claim in May 2010 because she had made a report to the Michigan Occupational Safety and Health Administration regarding a carbon monoxide alarm going off in April 2010.

The allegation was denied by the city on the grounds that the person who made the decision not to reopen King’s workers’ compensation claim did not know about the MIOSHA complaint, Postema said. The court of appeals agreed.

“Taking the evidence in a light most favorable to plaintiff, plaintiff did not suffer an adverse employment action,” the ruling stated. “Defendant took no action against plaintiff. No term or condition of plaintiff’s employment was affected by defendant’s refusal to stand by its earlier decision not to reopen plaintiff’s workers’ compensation claim.”

The decision reached by the Michigan Court of Appeals upheld the February 2011 decision by Washtenaw County Trial Court Judge Timothy Connors.

According to the court of appeals ruling, King injured her shoulder during an arrest in March 2009 and filed for workers’ compensation, which was granted. Thirteen days later, she was able to return to full duty, but injured her chest during a training exercise on March 31, 2009, which was also covered by workers’ compensation, the ruling stated.

King returned to full duty on April 13, 2009 but complained of chest pain in September of that year and the treatment of that injury was also covered by workers’ compensation, the ruling stated. She returned to full duty later that month, but on Oct. 1, 2009 King was informed that any further treatment would not be covered by workers’ compensation, according to the ruling.

King requested her workers’ compensation claim be reopened on Oct. 15, 2009, which was denied after an independent medical exam found King’s claims were not work related, the ruling stated. On May 14, 2010, King requested the claim be reopened after her physician found her work-related injury still persisted but that claim was denied, the ruling stated.

King filed a lawsuit because she believed the denial was based on her April 15, 2010 complaint to MIOSHA about the carbon monoxide alarm going off in Ann Arbor City Hall, which was then under construction, the ruling stated.

Postema said King’s claim had no legal or factual basis and the court actually said the city’s Human Resources Department dealt with King in a very professional manner, which is a rare statement for the court. Postema argued the case on the city’s behalf on April 4.

“The city will always vigorously defend against these improper claims,” Postema said.

Richard Meier, King's attorney, was not immediately available for comment Friday afternoon.

Read the full decision here.

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

David Cahill

Sat, Apr 14, 2012 : 6:37 p.m.

There may be two sides to this story. Nonetheless, based on what the Court of Appeals said, their decision was another justified victory for Stephen Postema.

tom swift jr.

Sat, Apr 14, 2012 : 1:43 p.m.

I'm amazed that so many people here have enough personal knowledge about Officer King's work performance to be able to make these personal attacks. This is REALLY a well informed group here at aa.com, eh?

Mike

Fri, Apr 13, 2012 : 10:31 p.m.

Officer King - a waste of taxpayer money since, well, whenever she was hired.

Daisy1

Fri, Apr 13, 2012 : 10:03 p.m.

Officer King needs to give it up and move on in her life.

sam time

Fri, Apr 13, 2012 : 9:29 p.m.

Thanks again to the City Attorneys office for winning these cases. Why they are ever filed is a mystery to me.

xmo

Fri, Apr 13, 2012 : 8:09 p.m.

But she is a women? A minority, doing a man's job (police Officer). They don't lie! "The city will always vigorously defend against these improper claims," Postema said. I guess Ann Arbor is joining the President's "War against Women"