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Swisher v Moses Lake
- By Jerry Taylor
- Published 07/8/2008
- Legal Actions
"This is like deja vu all over again."
Yogi Berra said it. It looks like we are seeing it.
If you have been following LEOFF 1 issues for very long you know about the case in Snohomish County. There the Disability Board approved payment for dental benefits for a retired LEOFF 1 member from Fire District #1. The fire district balked and said they would not pay. They even sued the disability board to overturn their decision. The fire district lost and lot big. They lost in Superior Court and they lost in Appeal and they lost in a request for reconsideration of the appeal.
The message was very clear. If the disability board approves the benefit the employer is obligated to pay the bill. Now comes the City of Moses Lake and the Grant County Disability Board. Moses Lake has refused to pay some dental benefits as approved by the disability board. Efforts to convince the city that they are subject to the law just like everyone else has apparently failed.
So, on July 7, 2008 a summons and complaint was filed in Grant County. The case Elvis T. Swisher v City of Moses Lake addresses esssentially the same issue as the Snohomish County case. And, there is a nother deja vu factor as well. Joe Fischnaller represented the Disability Board in Snohomish County and Joe is the attorney filing the Moses Lake case.
Kudos go to the LEOFF I Coalition for putting up $10,000 to provide seed funding for this lawsuit.
Yogi Berra said it. It looks like we are seeing it.
If you have been following LEOFF 1 issues for very long you know about the case in Snohomish County. There the Disability Board approved payment for dental benefits for a retired LEOFF 1 member from Fire District #1. The fire district balked and said they would not pay. They even sued the disability board to overturn their decision. The fire district lost and lot big. They lost in Superior Court and they lost in Appeal and they lost in a request for reconsideration of the appeal.
The message was very clear. If the disability board approves the benefit the employer is obligated to pay the bill. Now comes the City of Moses Lake and the Grant County Disability Board. Moses Lake has refused to pay some dental benefits as approved by the disability board. Efforts to convince the city that they are subject to the law just like everyone else has apparently failed.
So, on July 7, 2008 a summons and complaint was filed in Grant County. The case Elvis T. Swisher v City of Moses Lake addresses esssentially the same issue as the Snohomish County case. And, there is a nother deja vu factor as well. Joe Fischnaller represented the Disability Board in Snohomish County and Joe is the attorney filing the Moses Lake case.
Kudos go to the LEOFF I Coalition for putting up $10,000 to provide seed funding for this lawsuit.
