PORTLAND, Ore. — The Oregon Supreme Court ruled in favor of six firefighters involved in a six-year dispute with the city of Portland after they were forced back to light-duty work and had their disability benefits terminated.
Oregon Live reported that the high court focused on defining what the city’s “required duties” really means after voting 5-2 in favor of the firefighters.
The firefighters said the city wrongfully discontinued their disability benefits. They argued that disability payments could be halted only if an employee became able to perform the “required duties’’ of the job held at the time of the injury, according to the report.
The city argued that it did not breach the terms of its charter when it adopted a “return to work’’ program for disabled firefighters.
Justice David V. Brewer agreed with the firefighters and sent the case back to trial court for further review.
He said the question rested on whether a firefighter would be able to perform those essential tasks “if and when the need arises.’'
“There is a genuine issue of material fact as to whether the new assignments given to plaintiffs involved the ‘required duties’ of their former job classifications,’' Brewer said.
Chief Justice Balmer dissented and said it’s not the court’s role, but the city’s responsibility to determine what duties are required for an employee to perform, according to the report.
Attorney Montgomery Cobb, who represents the firefighters and filed the civil suit against the city, said he was pleased with the ruling.
“We’re not saying the city couldn’t force them back to work,” Cobb said. “But if they are doing something other than the required duties of a firefighter, the city should adhere to its charter and continue to pay the employees the minimum disability benefit of 25 percent of base pay. That’s the way this plan was structured in the first place.’'
Cobb said he hopes the city gets the message and will negotiate a settlement. The plaintiffs are seeking lost disability benefits, according to the report.
“I would hope that the city is now ready to sit down with us and negotiate a resolution that makes sense for everybody because trying this case will cost a bunch of money for both sides,’' Cobb said.