The union has had a major win at a Workers’ Compensation Board Appeals Tribunal hearing that benefits not just all transit police, but all police officers in the province.
Background
In 2008, Constable Maydiniuk, a member of SCBCTAPS was on a day off when he saw an intoxicated driver in Chilliwack. After phoning 911 and identifying himself as a transit police officer, the off-duty officer followed the man because the 911 operator said she would not be able to send police officers to the scene immediately because they were busy at the scene of a shoplifting.
After observing the intoxicated driver weave back-and-forth across the road and damage a parked vehicle, the transit officer approached the driver when he had parked.
The officer saw that the driver had his eyes closed and his mouth open and believed that the driver had passed out. The unarmed officer opened the passenger door and when the driver opened his eyes, the officer identified himself and showed the driver his badge. While the officer was trying to pull the keys out of the ignition, the driver yelled profanities, grabbed the officer’s collar, began punching him, and pushed the worker out of the vehicle. The driver managed to put his truck in gear and it started to move, dragging the worker with it as his boot had caught on the passenger door.
The wheel of the truck drove over the officer’s right arm and tore his jacket and pants.
Once the truck stopped, the officer approached the vehicle again and found approximately 80 grams of marijuana, and was later found to have a blood-alcohol level of .250 at the scene. The officer and a passerby apprehended the driver until local police arrived.
The Issue
The case was taken to the WCB, but the claim was denied because the WCB said that said the injuries did not arise out of and in the course of employment and the WCB Review Division affirmed this decision.
As all SCBCTAPS members know, police officers swear an oath “to the best of my power, cause the peace to be kept and prevent all offences against the persons and properties of her majesty’s subjects.” Cst. Maydiniuk was living up to the oath he swore as a designated constable with the SCBCTA police service.
The Appeal
As far as COPE 378 was concerned, whether or not the officer was actually on duty or in uniform is irrelevant, and Cst. Maydiniuk was acting in accordance with his duties as a police officer and the oath that he was sworn.
The union, working in cooperation with SCBCTAPS appealed the decision to the Workers’ Compensation Appeal Tribunal. The presentation of the Appeal was done by the union and the SCBCTA in collaboration – something very rarely happens in a WCB appeal.
On June 30, the Appeals Tribunal agreed with the union and Cst. Maydiniuk and reversed the WCB’s decision, awarding Cst. Maydiniuk the compensation that he is due.
The Tribunal ruled that police officers can put themselves “on duty” while not technically on a scheduled shift.
This is a major ruling that will impact the work of police across BC. We are very pleased that Cst. Maydiniuk is awarded the compensation, and the recognition, which he is due. We are also pleased to have had the opportunity to work in cooperation with the SCBCTA on this. Chief Constable Ward Clapham indicated to the union from the beginning that he and the department would be supporting acceptance of the claim, obtained a legal opinion that supported acceptance of the claim, and testified in support of Cst. Maydiniuk, and all police officers that take this action.
COPE 378 thanks Chief Clapham and the SCBCTA for their help, and all officers who supported and helped Cst. Maydiniuk.
If you have any questions on this ruling and its impacts, or have any other workplace health and safety or WCB concerns, please contact Steve Milne at the union office, smilne@cope378.ca.
In Solidarity,
Andy Ross, President
