2013 - Chelsea Firefighters Local 937 vs. City of Chelsea Fire Department

In 2013 Attorney Barrault successfully persuaded an Arbitrator to uphold a past practice in the Chelsea Fire Department of presuming temporary heart problems to be work related. A Massachusetts Superior Court Judge later affirmed the Arbitrator’s ruling. Under Massachusetts law, a heart problem that permanently disables a firefighter or police officer from his or her job is presumed to be work related. By contrast, court-interpreted Massachusetts law also provides that a heart problem that temporarily disables a firefighter or police officer from working is not presumed to be work related. Attorney Barrault was able to establish that the City established a practice of granting injury-on-duty (IOD) leave for absences related to heart events. As such, she persuaded the arbitrator that the City improperly denied IOD status for a heart event that prevented a Fire Lieutenant from working. The Arbitrator ordered the City to make him whole.