# St. Louis officer hurt in Iraq sues to get job back



## kwflatbed (Dec 29, 2004)

By Bill Bryan
St. Louis Post-Dispatch (Missouri)
Copyright 2006 St. Louis Post-Dispatch, Inc.
All Rights Reserved

ST. LOUIS - A city police officer who was dropped from the department rolls for medical reasons after injuring his neck during military service in Iraq is suing to get his job back.
The officer, David Robertson, 43, was dismissed from the department in August because of a "non-duty physical disability." The Police Board ruled that he was unable to perform the duties of an officer. 
Robertson claims that his cervical injury has healed enough for him to return to work. He filed suit recently in St. Louis Circuit Court, demanding his job back.
"I feel fine, now," Robertson said in a recent interview. "I've got full range of motion, no pain.
"Really, I believe the only reason they let me go was because I don't have the connections. If I knew someone in the right place in the department, I think I'd still be there."
Maj. Paul M. Nocchiero disagrees. Nocchiero, the secretary to the Police Board, recommended after a hearing in June that Robertson be let go.
"It's unfortunate for (Robertson), but the simple fact of the matter is that he's unable, physically, to be a police officer. It's a matter of his own health and welfare.
"His return to full duty would create a situation that would compromise the personal safety of the officer."
Robertson, who joined the department in 1994 after a nine-year stint in the Marine Corps, said he stopped getting paid by the Police Department in June. He is currently without a job. His wife doesn't work, and they've got two children at home, he said.
"We've been living off my savings," he said. "Our standard of living has changed."
Robertson's problem began in May 2001 when he injured his back and neck in an on-duty traffic accident. He was back to full duty within two months and settled a workers' compensation claim that closed the matter.
In February 2003, Robertson's Army Reserve unit was called up, and he went to Iraq as the operator of a heavy truck. He says the rough terrain took a toll, and his cervical pain returned.
He underwent physical therapy, neurotraction and finally, surgery at an Army hospital in October 2004.
Robertson was discharged from the military with a service retirement in July 2005 and is awaiting a ruling on injury claims by a military pension board.
In late 2005, Robertson reported to the Police Department and was sent to the medical director to determine his fitness. After an examination, the doctor referred him to an orthopedic specialist.
The specialist, Dr. David Raskas of St. Louis Spine Care Alliance, determined that Robertson could function in his full duties as a police officer 90 percent of the time, but 10 percent of the time the demands of the job "would exceed his safety."
Robertson then went to an outside specialist at Washington University School of Medicine for another evaluation. That doctor, Dr. K. Daniel Riew, said it was his opinion that Robertson could return to normal police duties without restrictions.
"I considered it a glowing report," Robertson said.
Nocchiero said he would have recommended that Robertson be put back to work except for a caveat in Riew's report. "While saying that he believed (Robertson) was fit for duty, he also said that different surgeons can disagree.
"Based on that caveat, it was our obligation to follow the people we pay for advice. The (Police) Board got all the medical reports."
Nocchiero said he felt bad for Robertson but noted the pitfalls of being a police officer. "What would happen to him in a high-speed pursuit, or a fight, or being knocked down some steps, or a traffic accident?
"There's a number of things that could happen, and he's at a greater risk (for injury).
"We're not going to risk his health and safety. The Army released him. There are some dangers."








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