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Injustice for a fallen PO children

spiralseal

Sergeant
Full Member
Minuteman
Feb 23, 2008
319
0
Central, NJ
Fallen officers children denied health care

Fourteen months after the death of Ocean Gate Police Officer Jason Marles, the status of benefits for his two children continues to become center of the tragedy.Marles former wife, Virginia Smalls has publicly made claims that she was assured the kids would be taken care of by the Ocean Gate Police Department, and while Police Chief Reece Fisher made no promises, he made sure his department did everything in it’s power to do what they could.
Virginia Smalls Marles

Virginia Smalls Marles (trulia.com)

That meant countless requests to the Department of Justice and National Memorial Fund to have Officer Marles health benefits transferred to seven year old daughter Taryn and five year old son Landon.

“We filled out several applications, which some of them were very detailed and in depth and unfortunately we did not receive favorable results.”




REQUESTS DENIED BY DEPARTMENT OF JUSTICE

All of the requests filled out by Chief Fisher and his staff were denied primarily due to Officer Marles being off duty during the accident where he was hit by a drunk driver coming home from his shift.

“Because he was in his personal vehicle traveling home and off duty at the time of him death, they are not considering it a line of duty death for the purposes of continued medical benefits.”

It’s a situation Fisher was not necessarily happy with, however his hands were tied since his department was not ultimately in charge of the decisions made by the Justice Department and the National Memorial Fund.

“That’s their position, I mean if I had an insurance company and it was the Ocean Gate Police Insurance Fund, the children would be covered. That’s how simple it would be, but that’s not the case.”
DISAPPOINTED AT VIRGINIA SMALLS’ COMMENTS

He says what did shock him however were comments made by Virginia Smalls which insinuated that Officer Marles did not know when his shift officially started or ended, and that the Ocean Gate Police Department wasn’t doing everything in their power to help Marles children.

“It’s very unfortunate and very disappointing at some of the comments that miss Smalls has made. Some to the extent of very disturbing.”

Fisher notes that the department had an established procedure of clocking in and out which had been in place for the entire nine year tenure of Marles career. Furthermore, Officer Marles was a training officer, which Fisher said meant he was especially cognizant of the rules and procedures. He says Smalls had asked the department to adjust Marles time clock to reflect him being on duty at the time of the accident, however Fisher says that is a request which he under no circumstances could ever entertain.

“This agency cannot extend itself nor I to say he was on duty and killed in the line of duty, by there definition, when he was on the conclusion of his shift.”
UNDERSTANDING THE FRUSTRATION

He understands Virginia Smalls’ frustration of not being able to have Officer Marles benefits transfer over to his children, however that is not for any lack of effort or diligence on his department’s part.

“So she is aware of the issue here. The issue here is not with the borough, not with the chief of police, not with the police officers. The issue is with the state of new jersey division of pension and benefits.”

Officer Marles children currently do have a college fund set up by the PBA, however all money from that can only be used for the purpose of paying for college.


<span style="color: #FF0000">And this is the follow up from the widow:

HORIZON HEALTH CARE CONFIRMED THAT OCEAN GATE POLICE DEPARTMENT SUBMITTED A CANCELLATION REQUEST ON 12-1-2010 ; AND THAT THEY, OCEAN GATE POLICE DEPARTMENT AND ONLY THEY COULD REINSTATE THE CHILDREN'S HEALTH INSURANCE ANY TIME THEY WANT... IN FACT- SHE SAID SINCE I WAS ON IT AS WELL- CONTRARY TO POPULAR BELIEF- THEY COULD EVEN REINSTATE MINE
wink.gif

SO- WHAT DO YOU SAY TO THAT CHIEF???????????????????????? </span>