# Wellfleet 'Special' P.O. makes a pile of $ w/ interest



## Piper (Nov 19, 2004)

*Ex-Wellfleet officer wins back pay, with interest*
*By SUSAN MILTON*
*STAFF WRITER*
A former Wellfleet police officer won her case over disability pay yesterday before the state's highest court in a precedent-setting decision. 
Teresa Todino was a special police officer who was directing traffic when she was hit by a car in July 1997. 
State law provides that incapacitated police officers injured on duty through no fault of their own lose no pay as a result of their disabilities. But the law is silent on the issue of interest when payment is delayed. 
To achieve the goal of not subjecting offers to any loss in pay as the result of a work-related disability, interest must be paid, the Supreme Judicial Court said in yesterday's decision. 
After her accident, Todino was placed on leave without loss of pay. A doctor working for the town suggested that disability retirement might be appropriate. The police chief then mailed Todino and her own doctor a questionnaire to see whether she would work on a limited basis, according to court records. 
When Todino's doctor didn't reply, the police chief viewed the lack of response as misconduct and disobedience and fired Todino. Her pay was stopped Dec. 15, 1998. 
She sued the town to get her job back and to get incapacity pay. On Oct. 31, 2002, a judge ruled there were no legally sufficient grounds to fire Todino and that she was entitled to leave without loss of pay. The judge ordered her to get back pay but declined to add interest payments. 
The Appeals Court agreed in 2004, but the town's insurance company appealed to the SJC, according to Town Administrator Tim Smith. 
In her suit, Todino had asked for $166,615 in lost compensation, $68,869 in prejudgment interest and $60,671 in post-judgment interest. 
After she was not paid following the Appeals Court decision, Todino filed a complaint for contempt against the town. She was paid $172,850.72 by the town's insurer on April 25, 2005. The amount apparently represented back pay from Dec. 15, 1998, through March 25, 2005, without interest. 
Todino went back to Superior Court to obtain the interest. 
Today's SJC decision sent her case back to the lower court to decide how much the town must pay in interest. 
But that won't be necessary. 
The parties reached a settlement last month, Town Administrator Smith said yesterday morning. Both parties wanted the SJC case to proceed to settle the legal issue for future cases, he said. 
Smith declined to describe the settlement, as final papers have not yet been signed. 
Todino's attorney, Peter Freeman of Centerville, said he was pleased for his client after several years of legal wrangling. ''It took the town over six years to pay Officer Todino what was rightfully hers,'' he said in a written statement. ''Hopefully, the decision will result in towns being more careful and considerate of the rights of injured police officers and firefighters in the future.''


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## Macop (May 2, 2002)

Good for her!!


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## JoninNH (Jan 29, 2004)

Macop said:


> Good for her!!


Ditto!


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