The Jamestown Fire Department. P-J file photo by Dennis Phillips

A former member of the Jamestown Fire Department who claims he suffered on-the-job injuries leaving him permanently disabled has filed a lawsuit in state Supreme Court in Chautauqua County against the city of Jamestown and its fire department.

The filing Thursday by Ryan Waid, the latest in a series of litigation between him and city over the last couple of years, seeks to compel arbitration over the denial of benefits he said he is owed for injuries suffered fighting fires May 12, 2015, and May 24, 2017. He is also asking a judge to issue an injunction preventing the city from holding an administrative hearing at City Hall he said is not part of the collective bargaining agreement.

Waid’s latest fight for General Municipal Law 207-a benefits, which provide pay equal to salary for those injured while on the job, begins in May 2015 when he said he injured himself while fighting a fire. At the time of the injury, he qualified for 207-a benefits.

He returned to work about a year later; however, according to a petition filed with the court this week, he re-injured himself while on scene of a structure fire May 24, 2017.

He began as a city firefighter in February 2012.

The city initially denied Waid’s second request for 207-a benefits in November 2017. That denial was later overturned when Waid took the city to arbitration.

While out of work and receiving benefits, Waid’s certification as an emergency medical technician expired. Because city firefighters are required to be EMTs, the city contended Waid no longer met the stipulations outlined in his job description.

Waid’s employment — and thus access to 207-a benefits — was terminated on Jan. 25, 2019, prompting a lawsuit filed shortly thereafter.

“Respondents terminated both my employment and the GML section 207-a benefits and status, purportedly for allowing my EMT certification to expire, even though at no time since June 2017 was I medically cleared to lift more than 10 pounds nor would respondents permit me to participate in on-the-job EMT training activities,” Waid said in an affidavit attached to the petition. “Said termination of my employment was done without any due process hearing. Respondents at that time also terminated my GML 207-a benefits, claiming that I somehow voluntarily waived them without conducting an arbitration pursuant to respondents’ policy for administration of 207-a.”

Waid said he was notified in July 2019 that he had be deemed “permanently incapacitated in the performance of my duties.” He was approved by the New York State and Local Retirement System with the state Comptroller’s Office for performance of duty disability retirement — allowing him to receive 50% of his previous earnings.

To supplement the remainder of his previous income, Waid again sought 207-a benefits from the city, stating in a July 6, 2019, letter: “I have been deemed permanently disabled as a result of these injuries.”

Sam Salemme, deputy chief of the Jamestown Fire Department, responded in a letter requiring Waid to be examined by a doctor on Nov. 5, 2019. The examination took place, and on Jan. 8 of this year Salemme informed Waid in letter sent via certified mail his benefit request had been denied.

“Enclosed is a copy of (the doctor’s) report finding that you do not currently suffer from an ongoing work related disability stemming from either the May 12, 2015, or May 24, 2017, injuries,” Salemme said. “He noted that you are not under current active care beyond checking in by telephone with a chiropractor associated with the UB Neurosurgery and had no appointments scheduled with an orthopedist, neurologist or pain management specialist as of the date of his examination. He found there is no objective evidence of any disability causally related to either injury to support the subjective complaints. He found no objective evidence of any impairment that would prevent you from performing your job as a firefighter.”

Diane Perri Roberts, Waid’s attorney, sent the city a letter dated Tuesday asking for arbitration over the denial of 207-a benefits, citing procedures in the contract signed between the city and the firefighters’ union.

The city responded, stating a due process hearing had been scheduled March 11 at City Hall.

“The matter has been assigned to be heard by an objective hearing officer with no knowledge of or involvement in the claim,” said Kristin Machelor, an attorney representing the city and Jamestown Fire Department, before adding, “The (collective bargaining agreement) applies to members of the firefighter’s union of which Mr. Waid is no longer a member.”

When contacted, Elliot Raimondo, Jamestown corporation counsel, said the city cannot comment on pending litigation.

Waid claims in his affidavit that the CBA makes no mention requiring those seeking grievances must be part of a union. Roberts, when reached by The Post-Journal regarding the petition, said Friday that Waid’s position “was pretty clear in the court papers.”