A longtime Boardman Local School teacher, who was injured during an emergency preparedness drill in Apr., 2013, and who is suing Boardman Township and Boardman Local Schools, is among several teachers who have been hired by the school board under the system’s retire-rehire program.
      Meeting on Monday night, the Boardman Local School Board rehired McClain for the 2014-2015 school year at his ‘same’ position, an eighth grade English teacher at Center Middle School.
      According to documents on file in the Mahoning County Court of Common Pleas, McClain was injured on Apr. 3, 2013 during an active-shooter, emergency training drill held at Boardman High School. During the course of the exercise, McClain entered the school building as an unannounced visitor who failed to heed orders to halt.The lawsuit claims McClain was “willfully, purposely, intentionally, recklessly, wantonly and without cause tackled.”
      According to the law suit, McClain “suffered serious, debilitating and permanent injuries, including, but not limited to non-displaced right hip intertrochanteric fracture and surgical neck fracture of the right proximal humerus.”
      The lawsuit says that McClain “suffered permanent traumatic and significant life altering injuries...and will continue to endure great pain and suffering, incur medical and rehabilitation expenses, suffer lost wages and an impairment of his earning capacity,” as well as “be unable to perform many usual functions.”
      The suit seeks at least $25,000 in damages.
      Under terms of the retire-rehire program, McClain retired from his position that carried a $70, 478 annual salary plus benefits and is now rehired at an annual rate of $39.954, and he must provide his health insurance costs.
      McClain filed the suit against the school system and township in Nov., 2013, only after a claim for worker’s compensation had been denied.
      That claim was initially denied on Apr. 15, 2013. McClain appealed the denial and the decision was reversed in his favor on June 3, 2013.
      However, the reversal was appealed and on Aug. 29, 2013, hearing officer Dwayne Bodzenta denied McClain’s claim in its entirety.
      McClain filed an appeal of that decision before the Industrial Commission of Ohio, who refused to hear the appeal.
      McClain has appealed that decision in Mahoning County Common Pleas Court and a non-oral hearing on summary judgement has been set for Aug. 25.
      McClain’s suit against the school system and township will not be finalized for some time. Magistrate Eugene Fehr has ordered that all depositions in the matter must be filed by June 1, 2015.
      Other who were granted retire-rehire contracts by the school board include Nicholas Opritza, supervisor of the Performing Arts Center; and Sandra Bates, middle school art teacher.