Fired Rookie to Get Money for Injuries

The rookie cop who was fired for his role in the Rodney G. King beating is owed nearly $12,000 for injuries stemming from the incident, and could collect thousands more in medical expenses and pension benefits for years to come, a judge ruled recently.

City taxpayers must foot the bill for psychological and stomach injuries suffered by Timothy E. Wind--who was on probation with the Los Angeles Police Department when he and other officers confronted King on a San Fernando Valley street in 1991--because the damage happened on the job, even though Wind violated department policy, according to worker’s compensation Judge Mark Khan.

“This, at best, is a classic case of doing an authorized act, making a legitimate arrest, in an unauthorized manner, which . . . is a compensable injury,” Khan wrote in a three-page decision June 5. “Mr. Wind was authorized to make arrests and use force necessary to make arrests. If . . . he violated procedure and used excessive force . . . he still did an authorized act.”

The case also presents a situation of “employer-condoned conduct since a superior officer and supervisor was present and did not attempt to stop the conduct,” the judge continued.

Ted Goldstein, a spokesman for the city attorney’s office, declined to comment on the decision, except to say the city is considering an appeal. Worker’s compensation rulings can be appealed to a three-judge panel in San Francisco, then to the regular court system, all the way up to the U.S. Supreme Court.

Wind, a Santa Clarita resident, is now a community services officer with the Culver City Police Department, a civilian position.

He is entitled to $11,620 as a “permanent disability” award, according to the judge’s ruling. Khan said Wind was also eligible for a temporary disability award and medical expenses in the future, though he did not specify an amount. Goldstein said the ruling also means Wind can apply for a city pension.

Wind and his attorney could not be reached for comment Thursday, but Hank Hernandez, general counsel for the Los Angeles Police Protective League, hailed the decision.

“It reinforces our view that a cop should be at ease--if he’s out there doing his job and he gets hurt, he’s covered,” Hernandez said. “He doesn’t need to worry about being second-guessed.”

City Council members Jackie Goldberg, who chairs the personnel committee, and Laura Chick, who heads the public safety panel, said the question of whether an employee deserves benefits for injuries must remain separate from an evaluation of the person’s job performance.

“Worker’s comp is pretty hard to figure out. A lot of people who get really hurt, get really shafted, don’t get much money, and a lot of people who some people don’t believe deserve it get a big award,” Goldberg said. “Ours is not to reason why. Ours is to be glad we have insurance.”