CITY ORDERED TO COMPENSATE WIND.

Byline: Patrick McGreevy Daily News Staff Writer

A state judge has ordered Los Angeles to pay about $86,000 in workers' compensation benefits to former LAPD Officer Timothy Wind for stress stemming from his involvement in the beating of Rodney King, officials said Thursday.

In his ruling, Van Nuys Workers' Compensation Judge Mark L. Kahn said Wind is entitled to the compensation because he was authorized to use force in the arrest of King - even though the force Wind used may have been excessive.

``Mr. Wind was authorized to make arrests and use force necessary to make arrests,'' the judge wrote in his June 5 ruling, which was disclosed this week.

``In the opinion of the trial court this at best is a classic case of doing an authorized act - making a legitimate arrest - in an unauthorized manner, which based on current case law is a compensable injury,'' Kahn said.

Wind, 36, was acquitted by federal and state juries of criminal wrongdoing in the 1991 videotaped beating of King, but the officer was fired by the Los Angeles Police Department in 1994 for improperly kicking King in the incident.

The financial award for injury to Wind's ``psyche and gastro system'' drew concern from city officials who were outraged by the 1991 King beating.

``I think it would be a travesty,'' said Councilwoman Rita Walters, who wants the council to review the case and consider an appeal.

``It sends the message that it's OK to beat up people,'' she added.

Councilman Mark Ridley-Thomas also said he will seek council review of the case.

``We have to be fair to Mr. Wind, but on the other hand we have to be conscious about not compensating somebody who was part of one of the worst chapters in the city's history,'' Ridley-Thomas said.

Wind, who now is employed with the Culver City Police Department, did not return calls for comment Thursday.

In July 1992, while his fate in the courts and police disciplinary system was still undetermined, Wind filed a workers' compensation claim against the city of Los Angeles, citing ``psychological'' injury, including ``continuous stress and strain of police duties, as well as stress caused by mistreatment by'' the Police Department. He also claimed injuries to his ``psyche, gastro system, cardiovascular system,'' as well as headaches.

The city sought to deny the claim by the Foothill Division officer on grounds that Wind's actions did not ``arise out of and occur in the course of employment,'' according to court records.

In his June 5 ruling, Kahn noted that Sgt. Stacey Koon - Wind's supervisor - was at the scene of the King incident and did not prevent Wind's actions.

``In addition, you have issues of employer condoned conduct since a superior officer and supervisor was present and did not attempt to stop the conduct,'' the judge wrote.

The judge determined that Wind was 22 percent disabled on a scale in which 100 percent disabled means the person cannot work, said Garret Kuehn, supervising attorney for the Workers' Compensation Division of the City Attorney's Office.

Kuehn said the judge awarded Wind $11,620 as a permanent disability award and temporary disability of about $75,000 for the period from March 3, 1991, to March 3, 1994.

The judge also said Wind is entitled to further medical care, but did not specify a cost.

In addition, the ruling that Wind suffered a work-related injury opens the door to Wind appealing the city's previous denial of a disability pension. If such a pension is granted, Wind could receive around $750,000 over the next 40 years, Kuehn said.

``This could reopen that issue,'' confirmed Ted Goldstein, a spokesman for the City Attorney's Office.

Kuehn said he does not feel that any award was justified.

``This guy stomped on Rodney King. He was fine the next day. It was when the press got hold of it that he got bad (ill),'' Kuehn said.

The City Attorney's Office is reviewing the judge's ruling before deciding whether to appeal it to the state Workers' Compensation Appeals Board.

Goldstein said two other officers at the scene, Laurence Powell and Koon, also have filed workers' compensation claims, but the city has not made a decision yet on either claim. Powell and Koon were convicted of criminal charges in the King beating and spent time in prison.

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Photo: Timothy Wind

Could receive about $86,000