Fewer cops claim disability benefit, but system remains ripe for abuse | Editorial

While Philadelphia residents were terrorized by another year of record shootings and more than 500 homicides, hundreds of police officers were home collecting a disability benefit for alleged injuries suffered on the job.

In February, an Inquirer investigation detailed how the number of cops out on injury had more than doubled in seven years to 652 — that’s one in seven Philadelphia police officers listed as unable to work.

More revealing, the percentage of injured officers far exceeded other cities. Less than 1% of Phoenix cops were listed as injured. In Tampa, Fla., the number of injured officers was 1%, while Chicago was 3.3%. But in Philadelphia, 11% of sworn officers were listed as injured.

To add insult to those already questionable injuries, a number of cops claiming the disability benefit were running side hustles, while others were off riding motorcycles and running marathons. One officer had a roofing and siding business. Another traveled as a paid inspirational speaker, while still another operated a clothing boutique.

The sunlight from The Inquirer investigation had an instant impact. Within months, the number of injured cops dropped by 31%. That is either a confounding coincidence or shows the healing power of the press.

While it is welcome to see more officers back on the job, the system that allowed the abuse must be reformed.

The problem is threefold, but all three can be addressed.

The trouble stems from issues with Pennsylvania’s so-called Heart and Lung Act, a disability benefit meant mostly for police officers and firefighters. The benefit provides injured officers their full salary without having to pay state or federal taxes. In effect, the injured worker gets a pay increase of at least 20%.

The full pay is already much more generous than the 66% that other injured people receive through workers’ compensation. The added tax break provides an incentive for abuse. A simple solution is to require the injured worker to pay taxes as they normally would if they were on the job.

The second problem is that the disability benefit has no cap on how long an officer can stay out of work, or how often they can submit a claim. The Inquirer investigation found more than a dozen officers had been out of work for at least four consecutive years. One officer filed 18 claims during her 19-year career.

Meanwhile, city taxpayers continue to pay the salaries and benefits of officers who are allegedly injured. In fiscal year 2021, the city spent $24 million for officers on Heart and Lung, compared with $8 million in 2008. Clearly, there needs to be stricter oversight over how long an officer can stay out of work.

The third problem is the police union picks the doctors who then determine how much time an officer needs to recover and if they can at least perform limited duty. Other big cities, including New York and Chicago, don’t give their respective unions such power.

No surprise, the Philadelphia police union has a couple of go-to doctors who green-light most claims. This allows for further abuse by doctors who want to keep getting referrals from the union.

A state bill introduced after The Inquirer investigation would require doctors to be chosen independently and not by the police union.

All these proposed changes would represent good first steps toward overhauling the Heart and Lung program.

Former Police Commissioner Charles Ramsey spoke from candid experience when he said, “Heart and Lung is the biggest scam going.”

During Ramsey’s tenure as commissioner from 2008 to 2016, the number of claims decreased, only to balloon after he left. Ramsey showed that strong leadership can make a difference.

Commissioner Danielle Outlaw needs to hold rogue officers accountable.

The Heart and Lung program should be available to officers who are truly injured. But abuse of the program further undermines legitimate claims, hurts department morale, and leaves fewer cops on the street to help ensure public safety.

Philadelphia needs police officers who want to solve crimes and not milk the system.