City, Fire Department deny firefighter’s complaint

Jennifer Kho

COSTA MESA -- City officials deny that a firefighter’s sick days were

unfairly docked when he was not allowed back to work after his doctor

declared him fit for duty.

Terry Evans returned to his job in July, but is seeking compensation

for damages, plus reimbursement for 42 work shifts that he allegedly lost

because he was forced to take sick leave.

In a response filed with the Orange County Superior Court in Santa

Ana, the city and Fire Department deny the allegations and ask the court

to award no damages to Evans, dismiss the charges and award them any

proper relief.

The defendants “deny both generally and specifically each and every

allegation,” the response states.

According to the lawsuit filed in October, Evans had a “brief episode

of disorientation” while on duty in March 1998 and was taken to the

hospital.

Evans alleges he was not allowed back to work even after he received a

physician’s work release.

Instead, he was asked for further releases and was subjected to a

number of additional tests before being allowed back to work in July,

according to the lawsuit filed by his attorneys, Stephen Silver and

Devonne Midson. Evans was docked for sick leave while he waited for the

results of the additional work release tests.

Evans rejected a city offer to pay him for 22 of the 42 docked shifts.

He also alleges in the lawsuit that the city did not respond to further

correspondence.

According to the response filed by James Murphy and Steve Wang,

attorneys for the city and Fire Department, the damages Evans complained

of in the lawsuit were his own fault.

The incident was “caused and contributed to by the negligence of

[Evans] for the reason that [he] did not exercise ordinary care on his

own behalf under the circumstances then existing.”

The city and Fire Department had the right to keep Evans from duty

until assured of his health, according to the response, which also

alleges that the defendants are not responsible because Evans did not

exhaust administrative remedies, act to reduce his damages or file within

the time limitation of one year after the incident.

Attorneys for neither side were available for comment, but Midson in

the past has said that although the city has the right to ensure

employees are fit for duty, Evans should not have been made to pay for

the city’s peace of mind.