But, but, ... I was abled after I was disabled.

A former Charleston police captain who admitted he worked at the Charleston Town Center Mall while on duty for the city is appealing a decision to deny him a medical retirement.

In a petition filed Wednesday in Kanawha Circuit Court, James A. Sands maintains that his doctor, South Charleston neurologist Kuruvilla John, found he has a medical condition that prevented him from working as a police officer.

Sands resigned on Nov. 2, minutes before pleading guilty to misdemeanor obtaining by false pretenses for working 164 conflictive hours between January 2000 and August 2004. He was sentenced to six months’ probation.

The dispute over Sands’ medical retirement centers on the timeline involving the former patrol supervisor’s request.

Sands was placed on administrative leave June 7. According to his petition, he became disabled less than two weeks later, on June 19.

He requested medical retirement on July 6. In the meantime, Sands was promoted from lieutenant to captain, filling the vacancy created when Capt. Tom Mullins retired in June.

State law requires police officers to pass a physical exam before they can be promoted.

“In the denial letter, [the department’s pension and relief board] reasoned that [Sands] had undergone a ‘promotional physical’ three days after his visit with Dr. John and [Sands] did not disclose the disabling condition in that physical,” the petition states.

Sands did tell the examining physician what medications he was taking, and John had not yet reported his findings to Sands at the time of the physical, the petition maintains.

In addition, at the board’s behest Sands was examined by two more doctors, both of whom found he was medically unfit for duty, according to the petition.

“Common sense dictates that if you are medically unable to serve as a police officer, then you also are not medically able to receive a certification that you are eligible for a promotion as a police officer,” he said.

The board’s denial letter implied that Sands asked for medical retirement because of pending “internal and criminal investigations,” the petition alleges.

Asked if Sands, who with 17 years of service was three years short of being eligible to retire, requested medical retirement to try to salvage what benefits he could, Dascoli said he did not want to speculate.

“The board doesn’t know what was in his mind or what his strategy was, but the board does know that in his promotional exam, he indicated that there were no problems [with being promoted],” Dascoli said. “That’s the problem here.”

http://www.wvgazette.com/section/News/2008010323

Ah so, the first examining Doctor found him "fit" enough to get the promotion, ..... with a big pay raise, ........ and then the next two (2) Doctors found him disabled and incapable of working.

If Sands gets his medical retirement, ......... how many more THOU$AND$ in benefit$ will he receive each year ........ for his 3+- weeks tenure as Captain?

Huuummm, like the old Workers Comp system, ...... you hafta know which Doctors to go to ........ depending on what diagnosis you want to get.

Judge Hey knew which Doctor to get a diagnosis from.

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