Pennsylvania appellate court sustains the termination of a police officer because he lost his sense of smell (Anosmia), after an off-duty motorcycle collision. Management claimed that a lack of smell creates a safety hazard, because officers need to be able to detect alcohol, dangerous chemicals, marijuana, natural gas leaks and smoke. "... Honorable Discharge was appropriate because the evidence sufficiently demonstrated that [the appellant] suffered a physical disability that rendered him unfit to serve as a police officer. [He] patrolled alone and served as a first responder in instances that required a sense of smell to ensure his safety and the safety of others." Agostino v. Twp. of Collier, #1556 C.D. 2008, 2009 Pa. Commw. Lexis 116.
     Illinois appellate court holds that a civil service board decision to medically discharge a firefighter for neck and back injuries was not barred by a prior denial by the Pension Board of a disability application. "Neither res judicata nor collateral estoppel applies ... [and] it is reasonable to conclude that the [legislature] deliberately set the bar lower for a municipality seeking to discharge an unfit firefighter than for a firefighter to obtain a disability pension." Dowrick v. Vil. of Downers Grove, #2-05-0054, 840 N.E.2d 785, 2005 Ill. App. Lexis 1257 (2005; released 2006). {N/R}
     Arbitrator overturns an involuntary separation of a fire captain because of procedural defects in the cardiovascular examination process. Second physician was actually selected by the city and not the grievant. City of Warr Acres and L-2374 IAFF, 115 LA (BNA) 335 (Woolf, 2000). [2001 FP 57]
     Knee injury and impaired vision below departmental standards insufficient for discharge when officer was still able to perform his duties. Brown v. City of Portland, 722 P.2d 1282 (Or. App. 1986).
     Fire chief could dismiss firefighter with grand mal seizures despite evidence from neuroscientist employee could perform his duties. Averyt v. City of Mobile Fire Dept., 487 So.2d 909 (Ala. App. 1985).
     See also: Handicap Discrimination; Light Duty Assignments; Physical Injuries.