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Workers' comp trial set for former Decatur policeman injured in basketball game

Decatur Daily - 11/29/2017

Nov. 29--A bench trial has been set for March for a former Decatur police officer who sued the city for workers' compensation for injuries his lawyer says he sustained while playing in a Jefferson County charity basketball game.

Marquinn Birgans filed the lawsuit in September 2016 for the city's alleged failure to pay disability benefits and medical expenses as a result of an injury while working in July 2015, according to a complaint filed in Jefferson County Circuit Court. He "will be permanently totally disabled for the rest of his life," according to the complaint.

Birgans' attorney, William Keith Abell, said Birgans was injured while representing the Police Department in a basketball game.

"As long as you are there at the behest of someone else, it's understood you're working," Abell said. "It doesn't make a lot of difference if you're 'on the clock' or not. ... But, if you used that (on the clock) mindset, if you were walking in to work and fell in the parking lot, it wouldn't apply, but it does. Technically, you were on the job, according to the Workmen's Compensation Act."

According to the complaint, Birgans was employed as a patrol officer for Decatur police and injured his right knee while working "within the line and scope of his employment" in Jefferson County.

The complaint also said the city of Decatur has failed to pay all disability benefits and reasonable medical expenses.

Birgans notified the city of the injury within the time specified by the workers' compensation act, according to the complaint filed in September 2016, but the city responded in October 2016 by denying he filed the claim on time and denying he was injured while working within the scope of his employment.

The only portion of the complaint the city of Decatur admitted was that Birgans is of legal age and a resident of Alabama and was employed by the Police Department on July 18, 2015. All the other claims in the complaint were denied, according to the city's answer.

The Decatur Daily submitted a public records request for Birgans' personnel file. City Clerk-Treasurer Stacy Gilley declined to produce a copy of the file.

"This is a pending personnel matter and is not subject to be released pursuant to statutory, administrative, and judicial guidelines," Gilley said in an email.

Birgans declined to comment on his case.

A pretrial status report filed last week said Birgans has not reached maximum medical improvement and is still seeking medical treatment, so the case was not ready for trial. The pretrial status report also said all parties are still in the process of discovery.

The court granted a motion to continue the trial and in an order last week moved the bench trial to March 26, 2018, at the Jefferson County Courthouse.

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anna.beahm@decaturdaily.com or 256-340-2446.

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