On February 6, 2019, a car slammed into Officer Floyd Capistrant’s patrol vehicle, causing serious injuries to his hip, back and neck.
We might presume that the Archuleta County government, and in particular, the Archuleta County Sheriff’s Office, would make sure a deputy who was injured on the job, would be fully covered for as long as he was disabled.
In the case of Floyd Capistrant, things didn’t quite turn out that way, for various reasons.
Here is a continuation of Officer Capistrant’s story, as he posted it on his Facebook account last year.
Even though my life and career or lack thereof has changed, I will always be a police officer at heart, even if my injuries prevent me from serving. I will always stand up for what’s right and allow true justice to be served and not discredit my position of honor and duty.
Life has taught me some tough lessons; I hope no one ever has to endure what I have been going through. Nearly three years after my accident, I can barely sit, stand or walk for long periods of time, even still. Sleeping sucks, maybe 3-4 hours a night because I wake up in pain. I do have some good days, but they are few and far between. I just deal with it.
Because of my injury, my former employer — Archuleta County Sheriff Richard Valdez — terminated me while I was still recovering, and while I was still covered by Workers Compensation due to my injuries. The doctors knew I was in bad shape and they understood that the conditions at my work place prevented me from getting the chance of ‘Light Duty’.
I can honestly say, at the time, the work conditions were not safe for anyone in my condition. Cramped quarters, exposure to criminals (most were non-violent but you never know)… exposed wires, electrical cords, horrible office chairs and desks. I’m sure it’s changed since I was tossed aside.
While I was going through this, not a single call from a supervisor asking how I was doing. So much for the “Thin Blue Line” crap… There is no Blue Line, just in case you were wondering. I was forced to live off the meager wages from the state to support myself and my children…
…My story isn’t about money or getting my retirement card, this is about being lied to, and the lies that continue, when facts are facts.
The “termination” process for Officer Capistrant seems to have been especially unpleasant. Unable to work due to ongoing pain, he received a letter on June 5, 2019, from Undersheriff Derek Woodman, which read, in part:
To date, you have been absent from work for four months. Additionally your physician has anticipated you will be unable to perform the Patrol Deputy essential functions for a minimum of three months or longer.
As a result, it is my determination that it is in the best interests of the Archuleta County Sheriff’s Office that your employment be terminated effective this date.
The letter mentioned the “right to appeal this termination”…
Officer Capistrant did request an appeal of the termination. The appeal hearing was conducted by Sheriff Rich Valdez on June 11, 2019, and the appeal was denied on June 19.
“At the conclusion of my review,” wrote Sheriff Valdez, “I determined there was not enough evidence provided to me during your appeal that would discredit [Undersheriff] Woodman’s findings. Accordingly, my findings determine that there is not enough evidence to “overturn” the termination and your appeal is denied.”
The original termination letter from Undersheriff Woodman contains no criticism of Deputy Capistrant’s overall performance. The implication, instead, is that the Sheriff’s Office viewed Deputy Capistrant’s continuing inability to perform his duties as sufficient reason to terminate him.
That implication was directly contradicted later, as we will see.
Although Deputy Capistrant was promised a copy of the audio recording from the appeal hearing, he says he was never provided one.
Officer Capistrant’s posting on Facebook continues:
After a year, I was able to receive some money to pay off the growing debt I had because of not being able to work. My case took over a freaking year to settle. I did learn that if you are injured on the job and are on Workers Compensation, there is an ‘injury cap’. If you are close to the cap, or God forbid go over it, you’re automatically dropped from further coverage.
I had a good team of attorneys who schooled me in how Workers Compensation works for the employer — and not the employee. I also found out through my attorneys, when I was driving my patrol car even though we are required by the state to have vehicle insurance, I wasn’t covered from being struck by a vehicle. Isn’t that some swell news?
Because I was terminated for being injured on the job, I lost the right to apply for retirement disability from the state and competing against the system as one person to get help is like pulling teeth from a T-Rex.
I would have been better off dead from this. because then my kids would have been taken care of, and they wouldn’t have to see their once strong father broken and unable to do what I used to do. I used to be active and loved running and working out; I miss that the most… and it would not be a daily struggle to keep my head above water.
“Competing against the system, as one person…”
How many of us can identify with that situation?
Bill Hudson began sharing his opinions in the Pagosa Daily Post in 2004 and can’t seem to break the habit. He claims that, in Pagosa Springs, opinions are like pickup trucks: everybody has one.