Two retired Deputies win lawsuit against Wicomico County

A Fraternal Order of Police Lodge #111 member and another retired Deputy have won a lawsuit against Wicomico County. Retired Wicomico Deputies Mike Bowers and Sam Workman claimed that the County erred when they calculated their line-of-duty disability retirement pensions by requiring them to pay back certain worker’s compensation benefits that accrued before their retirement. Additionally, because retired employees are no longer bargaining unit members, they cannot use the employee grievance process through the FOP; Ret. Deputies Bowers and Workman were represented in Court by Robin Cockey of Cockey, Brennan, and Moloney, P.A.

Bowers and Workman were both approved by the County for disability retirement after they sustained injuries while performing law enforcement duties. Ret. Deputy Bowers could not return to full duty after he was injured while breaking up a fight between students at the Mardela High School in January 2020. Ret. Deputy Workman sustained a permanent injury while on a call for service in 2016.

When an employee becomes injured at work, Worker’s Compensation will open a case to cover expenses related to the injury. Typically, there is an opportunity to settle with the Worker’s Compensation Commission to close the case in exchange for a compensation award. Bowers and Workman received awards for their injuries from the Commission before their retirement. However, the County directed them to surrender the gross amount of the settlement award rather than the net amount the Deputies received after paying attorneys and doctors’ fees. To collect the award, the County reduced their pension by hundreds of dollars each month, calculated to take over fifteen years each to repay the debt. The Deputies alleged the reimbursement calculations violated the County Pension Plan. The Deputies also alleged that the County required they pay healthcare premiums higher than specified in the plan. The pension plan allows those who receive a medical retirement from the County to retain health care coverage at the same price that an actively serving employee pays.

Yesterday, Wicomico County Circuit Court Judge W. N. Jackson ruled in favor of Bowers and Workman on both counts. The FOP is pleased with this outcome and its impact on ongoing issues. The efforts of the FOP, Deputy Bowers, and Deputy Workman have been costly and time-consuming. The FOP is hopeful the County will consider these outcomes as it moves forward.

A similar matter is also pending in an employee grievance before an independent arbitrator. The CBU Chairman and FOP President have attempted to settle this matter directly with the Acting County Executive, John Psota, without success. Given that the exact same pension plan language in the County Code is at issue in the grievance case, the FOP is optimistic that the Arbitrator will rule in favor of the FOP, just as Judge Jackson did for Mr. Bowers and Mr. Workman.