A Virginia appellate court has reversed a lower court ruling involving a since-reinstated state police trooper who was fired after going out on workers compensation following a duty-related injury and was later embroiled in an insurance dispute with his employer.
The Virginia Court Appeals on Tuesday overturned a trial court decision upholding a hearing officer’s determination that the Department of State Police was required to reimburse Trooper Todd Brendel for substitute health insurance premiums he paid during a period of unemployment after he was fired following his work-related injuries.
Mr. Brendel was fired in May 2020, two years after sustaining double shoulder injuries requiring surgery. He was awarded temporary total disability comp benefits at the time.
A hearing officer found the police department wrongfully fired Mr. Brendel and ordered his rehiring.
Mr. Brendel requested to be reimbursed for insurance premiums he paid through April 2021; the department challenged a portion of the reimbursement, saying the benefits reinstatement was retroactive. Mr. Brendel claimed he continued paying substitute insurance because he didn’t have proof he was covered.
A trial judge ordered the reimbursement, but the police department argued it wasn’t responsible for Mr. Brendel’s choice to continue paying the substitute premiums.
In finding the trial court erred, the appeals court remanded the matter so a lower judge could ascertain whether the insurance reimbursement should be offset by the amount Mr. Brendel paid in substitute premiums.