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respectively. According to the language of amended section 10-
12, A.4., occupational disability payments paid under the statute
“shall be considered to be paid in lieu of Worker’s Compensation
benefits.” In addition, second paragraph J of amended section
10-12 allows prior retirees to apply for recertification of
pension benefits and for the retroactive redesignation of pension
payments already received as payments for occupational disability
received “in lieu of Worker’s Compensation”. Section 10-12 was
further amended on November 22, 1999, by adding Paragraph L,
entitled “Retroactive Redesignation of Certain Disability
Pensions”, which permitted retired firefighters to “redesignate
benefits as occupational disability.” On January 26, 2000,
petitioner requested a recertification of his benefits as
payments for an occupational injury under the amended local
ordinance. Filed with petitioner’s request for recertification
was a letter dated January 29, 2000, from petitioner’s physician,
Henry E. Black, M.D. FACC. On February 28, 2000, the Cranston
city council approved petitioner’s request for recertification.
Petitioner then applied to have his recertified disability
pension amounts retroactively applied to the years 1992 through
1998. On March 27, 2000, petitioner’s request for retroactive
redesignation of pension benefits received in years 1992 through
1998 was unanimously approved at a regular meeting of the
Cranston city council.
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Last modified: May 25, 2011