Takeaways from our investigation into doctors chosen by the police union to treat injured cops

Twenty years ago, the Philadelphia police union negotiated the power to select its own disability doctors. It repeatedly recruited physicians with problematic practices.

IllustrationRead moreAnton Klusener/ Staff illustration. Images: Getty Images / The Inquirer

by Barbara Laker, David Gambacorta, and William Bender

Published Aug. 25, 2022, 5:00 a.m. ET

For much of the past year, in a series called MIA: Crisis in the Ranks, The Inquirer has been investigating potential abuse of a state disability benefit that’s available to injured police officers.

Its latest installment, Code Blue, explored how Philadelphia’s police union has repeatedly recruited physicians with questionable practices.

» READ MORE: You can find our latest installment here.

What did The Inquirer’s investigation find?

Since 2004, the Fraternal Order of Police Lodge 5 has chosen seven long-term doctors to treat injured cops who use Pennsylvania’s generous Heart and Lung disability benefit.

Five of those doctors have some history of alleged questionable behavior. All five worked out of practices that operated lucrative diet-pill businesses for cash. One doctor has been accused in lawsuits of having sex with two patients and giving them copious amounts of drugs. Another falsely claimed in 2020 to be a Philadelphia police officer when she was arrested for drunk driving. And two have struggled with financial troubles that ended in bankruptcy.

These doctors play a critically important role: They determine how much time an officer needs to recover from an injury, and whether an officer can return in even a limited capacity, like testifying in court.

For years, police and city officials have faulted some doctors’ evaluations of police injuries. Some officers remain unavailable for months, even years, with seemingly minor injuries, including one officer who has filed 18 claims in her 19-year career.

Why did the FOP pick these doctors, when Philadelphia is known for top-ranked health systems?

We can’t say for certain. Neither John McNesby, the president of the FOP, nor Terry Reid, the union’s disability coordinator, responded to questions we sent them about their selection process.

Impact so far of our police disability investigation

➤ Lawmakers in Harrisburg introduced a bill to crack down on fraud and abuse within the Philadelphia police disability program, known as Heart and Lung, by requiring doctors be selected independently of the police union.

➤ Police Internal Affairs is investigating several officers who had worked other jobs while being paid public benefits for being too injured to do police work.

➤ Weekly full-salary injury claims – 645 in September 2021 – dropped below 550 in the months following the February investigation, while the percentage of injured officers cleared to testify in court tripled from 10% to 30%.

➤ The City Controller’s Office is reviewing the Heart and Lung program as part of an audit of the Police Department requested by Council.

➤ At least one case of alleged fraud is under investigation by the District Attorney’s Office.

Read Part 1 of our investigation here.

Why is this issue important?

Since an Inquirer investigation published in February, city leaders, police officials, and the union have each faced scrutiny for their oversight of the Heart and Lung program. The investigation revealed that the number of officers deemed by doctors as unavailable to work had more than doubled since 2017, reaching one in seven patrol officers. While out, the officers are exempt from state and federal income taxes, essentially receiving a 20% raise.

Philadelphia listed 11% of all sworn officers as injured on duty (IOD) in September 2021, far exceeding the rates of other large cities, such as Phoenix (less than 1%) and Chicago (3.3%).

The Inquirer investigation also found numerous cops who claimed to be injured, yet worked physically strenuous outside jobs, in violation of a police directive.

How did the union get the authority to pick doctors?

In 2003 — after years of legal squabbling over the Heart and Lung disability benefit — the city and FOP reached a settlement agreement: Cops could have access to the benefit, with no limit on the number of claims they could file during their careers. The FOP was also given the power to select doctors who treat injured cops, provided they met “the city’s medical certification requirements.”

Medical ethicists say this unusual arrangement between the city and the union is problematic because to maintain a steady revenue stream, doctors may keep officers out of work longer than needed.

How does this impact Philadelphia residents?

During the 2021 fiscal year, the city spent $24 million on salaries for police officers who are considered too hurt to work, up from $6.7 million in 2008. The city also pays the doctors to treat injured officers.

And while gun violence continues at a record pace, police commanders have told The Inquirer they’re hindered by a shortage of officers. Between unfilled positions and cops who have been deemed too hurt to work, the force is short by about 1,000 officers. Last September, several districts had more than 20% of their patrol officers listed as unable to work.

Do police unions in other cities have as much influence over the way their disability benefits operate?

No. The police unions in New York City and Chicago, for instance, do not have the authority to designate which doctors treat injured cops and decide when they return to work. Others, such as Baltimore and Phoenix, use large health-care networks (an idea police administrators here said they could support), or independent medical examiners to handle police injury claims.

Can anything be done to reform the system?

Yes. In June, lawmakers in Harrisburg introduced a bill aimed at cracking down on fraud and abuse within a police disability program. Introduced by State Reps. Brian Sims and Chris Rabb, both Democrats from Philadelphia, the bill would amend the state Heart and Lung Act by requiring the doctors who evaluate and treat police officers to be chosen independently, not by the FOP. The bill would also require the Auditor General to audit the program, and it would add new reporting requirements to increase transparency.

Why is the program called Heart and Lung?

It’s a misnomer — the program has nothing to do with heart and lung ailments. Firefighters coined the phrase because cardiopulmonary problems were prevalent among their ranks.

About this story

The Inquirer's high-impact journalism is supported in part by The Lenfest Institute and readers like you. Editorial content is created independently of The Inquirer's donors. A listing of Lenfest Institute donors can be found at lenfestinstitute.org. Gifts to support The Inquirer's high-impact journalism can be made at www.sinomn.com/donate.