Advocates for wounded officers hope Burrows bills will provide relief

By: Lucinda Holt
Lubbock Avalanche Journal

State Rep. Dustin Burrows filed two bills on Wednesday that he and advocates hope will assist law enforcement officials injured in the line of duty as they seek medical care.

If passed, House Bill 1688 and 1689 would provide officers and their families with a law enforcement liaison within the Texas Department of Workers’ Compensation in an effort to guide them through the medical claims process.

“Texas law enforcement personnel put their lives on the line every single day and unfortunately, many of them are injured — some quite severely — while in performance of their duties,” the Lubbock Republican said Thursday. “Consequently, these officers are often left to their own devices to seek benefits, care and dispute resolution in the complex and slow-moving process of workers’ compensation claims.”

For Mary Duncan, area representative for the Peace Officers Angels Foundation advocacy group, the bills would ease the stress of seeking critical medical care at a stressful time.

Having worked toward this cause as the spouse of an officer injured in the line of duty, Duncan has taken on the task of helping those in her position.

“We just never thought this day would get here,” Duncan said, “and I know (Burrows has) been working so hard.”

Joined by Jacob Flores, Ricky Wallace and Jessica Scherlen, the four hosted a news conference at the Lubbock County Courthouse in support of the bills, sharing their tales of tribulations when dealing with workers’ compensation.

Flores, who suffered a life-changing injury in February 2014 while searching for a missing teenager, said this is a victory for him and everyone else in law enforcement.

The process left him searching for answers on his own while trying to physically and emotionally recover. Frustrated with the process, he said Burrows’ bills give him hope.

“For him to realize that something needed to be done, and for us here in West Texas to take that first step, it’s just overwhelming, and I can’t thank him enough,” Flores said about Burrows.

In August 2015, Officer Wallace was injured as he was chasing a criminal suspect on campus at night. After suffering multiple broken bones and a torn meniscus, he said his injuries are still felt today as he hasn’t completely recovered.

Like Flores, Wallace said the medical claims process often left him and his family with more questions than answers as some of their medical claims, procedures and medications were denied.

Told they can appeal a workers’ compensation decision, Wallace said the additional process often meant extra stress.

For Jessica Scherlen, Thursday’s announcement was bittersweet as her husband, Justin Scherlen, died in August from injuries suffered in a vehicle collision while on duty.

Wiping away her tears, she spoke of her husband’s lengthy battle as the family sought medical treatment and help through workers’ compensation.

Following his crash in September 2015, the Amarillo police officer underwent multiple surgeries and procedures. Shortly before he died, he developed an infection that required a specific medication that cost $15,000 for a 30-day supply.

While the medication was not approved, Justin Scherlen went through another procedure but ultimately died due to other complications from his injuries.

“We had a caseworker and she was amazing,” Scherlen said. “She really helped us out a lot, and she did her job very well. But there’s a lot of these guys that don’t have that. They have to fight for a lot of these things on their own, and that’s not fair to them.”

House Bill 1689 aims to hold government agencies that provide or accept workers’ compensation accountable by imposing sanctions and administrative penalties.

While crafting these bills, Burrows met with Duncan several times as she said they are working toward a statewide solution for all first responders.

“We should all be very proud,” Duncan said, “that something from Lubbock is going to impact entire Texas.”