ELYRIA — The city is taking the family of an Elyria police officer killed in a 2004 motorcycle crash to court, contesting an Ohio Bureau of Workers’ Compensation decision to pay benefits to his family.The appeal, filed this week in county Common Pleas Court, contends that Officer Bradley Scott’s widow and two children shouldn’t receive payments because Scott wasn’t working at the time of the crash on Aug. 27, 2004.

According to the BWC order awarding the benefits, Scott was running errands for a union function when Shawn Stephens pulled out in front of Scott’s 2001 Honda 929R motorcycle.

Scott collided with Stephens’ car and was thrown from the bike. He died about 40 minutes later at EMH Regional Medical Center.

Elyria Law Director Terry “Pete” Shilling said while the city felt for the family, it still disagreed with the state’s decision.

“We just feel he was not on duty,” Shilling said. “We’re totally sympathetic, but it’s a workers’ compensation claim.”

The city, Shilling said, will have to pay about $250,000 — effectively its deductible on the insurance it has from the state for workplace injuries — on the claim, while the remainder will be covered by the BWC.

Scott’s widow, Kimberly Scott-Ruffing, received a total of $34,424 in benefits, but won’t receive more because she has remarried.

Their children — ages 9 and 14 — will each receive $331 a week until they turn 18 or, if they attend college, until they graduate, according to BWC records released by the city.

The family also was eligible to receive up to $5,500 to cover funeral expenses, but how much they actually received was not available.

Ryan Rekstis, a BWC spokesman, said the city appealed the decision to award benefits several times but ultimately lost. The city has the right to challenge the decision in the courts, and that’s what officials decided to do.

According to the contract between the police union and the city, because Scott was an officer of the union and performing work for the union, he was considered to be on duty at the time he was killed.

Stephens, who apologized to Scott’s family when he pleaded guilty to vehicular manslaughter, driving under suspension and other charges, spent a year in the county jail after his conviction. Stephens didn’t fight a lawsuit filed against him by the family and its insurance company and a county judge ordered him to pay them $57,113.

Scott’s family and Elyria police Chief Michael Medders could not be reached for comment.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

In order to comment, you must agree to our user agreement and discussion guidelines.
You must be registered and logged in to post a comment. If you aren't already registered, click here.
If you are registered, click here to log in.
Need help? Email Us.