Court reserves judgement on forcing city resume payment for needed medical care
Nick Vassenelli
/ 1997 file photo
SYRACUSE -- Disabled retired Detective Nick Vassenelli claims the City of Syracuse has a policy of cutting off benefits to officers injured on the job.
Testimony continued in Federal court Friday morning in the third day of an evidentiary hearing in the case of retired Detective Nick Vassenelli v. the City of Syracuse, Mayor Stephanie Miner, Chief Frank Fowler and others. Vassenelli was a decorated detective with the Syracuse Police Department who helped solve the case of missing Syracuse University student April Gregory, who disappeared in the spring of 1996. Her remains were ultimately found hidden in the closet, basement and attic of the house next door. Her neighbor was charged with her murder.
Vassenelli was later injured on the job. He was hurt playing racquetball during approved on-duty workout time. His claim against the City of Syracuse indicates he is paralyzed and needs a wheelchair to move around. The former detective filed the lawsuit when his medical benefits were suddenly terminated. His attorney, A. J. Bosman, alleges the termination of medical benefits coincided with a shift in policy in the City of Syracuse which is self-insured.
Vassenelli is suing for a minimum amount of $750,000 for compensatory damages in addition to an unspecified amount of punitive damages.
The court proceeding wrapped up by early afternoon. Magistrate Judge David Peebles reserved judgement on whether he should order the City of Syracuse to resume payments for Vassenelli's medical care while this lawsuit proceeds. Vassenelli's attorney requested a preliminary injunction so the care could resume under a the direction of a physician instead of being guided by the insurance company and city policy.
The initial complaint was filed in November of 2010. It states the “City of Syracuse adopted an unlawful and new policy reducing medical benefits, purporting to adopt rates consistent with New York Workers’ Compensation Law." The legal filings claim former Mayor Matthew Driscoll and former Chief Gary Miguel conspired to cut off benefits to disabled police officers. It continues saying current Mayor Stephanie Miner and Chief Frank Fowler have continued the policy.
Bosman makes a wide reaching claim on behalf of Vassenelli saying, “The City of Syracuse has unlawfully implemented a policy of depriving disabled Police Officers of their vested property interests in continued payment of all medical expenses needed by reason of on-duty injury.”
Vassenelli spent time on the witness stand on Thursday. Several doctors and other witnesses were called. Federal Magistrate Judge David Peebles has handled several legal matters in the case over the last two weeks.
Part of the evidence entered into the case includes e-mails and letters between the officer, the City of Syracuse and the Syracuse Police Department. There are also communications between Vassenelli’s physical therapists and other medical services. The POMCO insurance company is also a party in the lawsuit.
It is not known when a judgment in the case will be made.
The City's Corporation Counsel said it will not comment on pending litigation.
Click here to download and read the lawsuit documents (.pdf file).
