Brittany Lyte, Staff Writer
Updated 11:54 a.m., Thursday, March 10, 2011
STRATFORD -- A seizure-prone police officer, fired last year for withholding information about his medical history after he crashed a police cruiser while having a seizure, must be reinstated to his job as a patrol officer, a state labor board ruled.
The town knew that Justin LoSchiavo, 33, had a history of epileptic seizures upon hiring him and, after his on-duty seizure, received recommendations from two doctors deeming him fit to serve as an officer, according to a Dec. 8 ruling by the State Board of Mediation and Arbitration.
The town has been ordered to return LoSchiavo to his post as a regular duty officer without back pay and without loss of seniority.
The town, according to the Labor Department, has not appealed the decision.
In its ruling, the board offered new details on the history of LoSchiavo's medical condition, including that he was seeking treatment for a drinking problem that exacerbated his epileptic seizure disorder.
Jon August, LoSchiavo's attorney, refused to comment on the ruling. Mayor John A. Harkins did not respond to requests for comment.
The hiring of LoSchiavo by then-Mayor James R. Miron in June 2006 was controversial from the start and ended up playing a role in the 2009 mayoral campaign.
Six months before LoSchiavo was hired, he was rejected as a police officer candidate because of "medical" reasons and admissions he stole town property, smoked marijuana, abused sick days, failed to report "under the table" income to the IRS and was unable to provide an up-to-date driver's license during interviews in Stratford and at least one other police department.
A doctor, police detective and the town's then-chief administrative officer at the time advised against his hiring because of his long-standing seizure disorder.
Despite these concerns, the Miron administration hired LoSchiavo, son of former Deputy Police Chief Joseph LoSchiavo and former Human Resources Assistant Linda LoSchiavo, and brother of Stratford Police Officer Joe LoSchiavo Jr., under the condition that he would be terminated if he suffered a seizure during the 15-month probationary period.
LoSchiavo also agreed that he would not file a complaint or disability discrimination charge if he was terminated for having a seizure on or off-duty in that period.
After successfully completing his probationary period, LoSchiavo became a regular officer.
Then, on June 6, 2009, LoSchiavo lost consciousness while in the throes of a seizure at the wheel of a police cruiser and crashed into four cars, causing $25,000 in damage.
No one was injured in the collision.
LoSchiavo temporarily surrendered his gun and driving privileges and, for the next seven months, relinquished patrol work to perform administrative tasks at police headquarters.
In the meantime, Miron lost the mayor's job to Harkins.
After an independent medical examination, LoSchiavo was cleared to return to regular duty in December. Three months later, he was terminated after town officials found he had lied during the independent medical examination.
LoSchiavo failed to inform doctors he had suffered at least three seizures since 2004 and that he had been abusing alcohol, according to findings by the town's Chief Administrative Officer, Gene Thazhampallath. Alcohol consumption is known to trigger seizures.
LoSchiavo's termination soon became grounds for a legal dispute between the town and its police union.
The town said he violated a police department policy by lying to medical examiners, and the union called the town's investigation into the matter biased and politically charged.
It's unclear what deadline the town faces to reinstate LoSchiavo to the police force.
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