Judge rules in favor of retired deputies in benefits case against Wicomico County
A Wicomico County Circuit Court judge has ruled in favor of two former county sheriff’s deputies, both injured in the line of duty, who claimed the county violated a union agreement.
“The agreement is very specific. It’s very clear and the county didn’t do it that way, so we had to sue them,” said lawyer Robin Cockey.
Cockey represented retired deputies Michael Bowers and Samuel Workman. Bowers was injured while breaking up a fight between students at Mardela High School in January 2020, according to the Fraternal Order of Police Wicomico County Lodge 111. Workman was injured while pursuing a suspect, according to Cockey.
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A worker’s compensation case was opened for each deputy, and as often happens, Cockey said, both were awarded a lump sum. Later, both were approved by the county for “disability retirement,” according to the police union.
The union agreement states that if workers compensation benefits and disability retirement benefits are being paid at the same time, the county can deduct the compensation benefits from the retirement benefits, Cockey said.
“But that didn’t apply to either (Bowers or Workman) because they had already been fully paid out before they were approved for disability retirement,” Cockey said. “The county did it anyway.”
A second violation by the county was alleged, as well.
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“They were supposed to get the same health insurance (premium) as active employees,” Cockey said. “But the county increased the employee contribution for health insurance so they were being charged more, again violating the collective bargaining agreement.”
Judge W. Newton Jackson III issued a summary judgement Nov. 11, agreeing with Bowers and Workman on both counts.
The county attorney did not immediately return requests for comment.
According to the Wicomico Fraternal Order of Police, a “similar matter” between an active member and the county is pending before an independent arbitrator. Attempts to settle that matter with Acting County Executive John Psota were “without success,” the union stated in a news release, and they’re hopeful the arbitrator will be influenced by the judge’s decision in Bowers and Workman’s case.
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This article originally appeared on Delaware News Journal: Wicomico County violated police union agreement twice: Judge
