County Announces Settlements In 3 Federal Disability Lawsuits

Baltimore County officials said Thursday that they have settled three disability lawsuits with two firefighters and a police officer.

"These settlements honor these employees for their past service while also ensuring that firefighters and police officers who serve the residents of Baltimore County are working in jobs that match their physical abilities for the safety of all," wrote Baltimore County Attorney Michael Field in a statement on the county's blog Thursday. "Residents of Baltimore County demand no less than this."

As part of the settlement, the county does not admit any liability.

In September, firefighters Donald Becker and Stanley Kuklinski and police Lt. Michael Lauenstein field lawsuits seeking $2.3 million in damages and additional legal fees. All three claimed they were forced to undergo illegal medical testing that the county then used to force them into retirement.

Field wrote that all three would be allowed to return to work under a new light duty policy created by the county. The three will also receive modified pensions that reflect payments from the county retirement system at the time that they filed the lawsuits.

The three will also receive $20,000 in compensatory damages and the county will pay legal fees totaling $47,377.50.

Becker was firefigher from April 1981 to June 2009.

In 2008, Becker underwent shoulder replacement surgery. He was later given permission by his surgeon to return to full, unrestricted duty after what was called a "remarkable recovery," according to the lawsuit.

The county ordered him to undergo additional medical exams, which also cleared him for duty. Despite that diagnosis, Becker was sent a letter requiring that he resign by January 16, 2009. He was later threatened with a loss of retirement benefits if he did not comply and was ultimately forced out on a disability retirement.

Kuklinski served as a firefighter from March 1983 to October 2008 and was "highly decorated for his achievements and bravery," according to the federal lawsuit.

Following coronary bypass surgery in 2007, Kuklinski was ordered to undergo extensive medical exams by the county, which the lawsuits alleged were illegal.

Despite being cleared for duty by his own doctor, the county required additional medical exams and later restricted him to light duty before forcing him to leave his job on a disability retirement, according to the lawsuit.

Lauenstein served as a lieutenant in the Baltimore County Police Department from February 1976 to February 2007.

"The County was confident that it would prevail in all three cases because the county believed that, at the time of their retirements, all three were incapable of performing the 'essential functions' of their jobs," wrote Field. "However, the County has recently implemented an expanded light duty policy and the Administration decided that it might be able to settle two of the cases by inviting the plaintiffs to return to county service in a light duty capacity."

Lauenstein was forced to undergo medical exams after his name came up in court testimony related to a lawsuit filed by Phillip Crumbacker, who sued the county appealing his forced retirement due to a seizure disorder.

Crumbacker's lawyer said in testimony that Lauenstein was also believed to have also had seizures. The next day, the county ordered Lauenstein to undergo medical testing.

In all three cases, the county used the same physician—Dr. Peter Oroszlan.

Oroszlan was linked in all ten cases settled last month through the Department of Justice. As part of that settlement, the county is barred from using Oroszlan again.

Kathleen Cahill, a Towson attorney who represents all three, declined to comment saying that the settlement "has not been consummated yet."

The settlement is the latest in a string of similar cases the county has either lost or settled.

Last August, the county settled ten similar cases as part of a consent decree with the Department of Justice.

The county was also ordered to to Det. William Blake related to a 2010 federal lawsuit.