Workers Compensation

Fireman’s Rule and Recovering for Injuries

Today’s burning question: I am a career firefighter and tore my left MCL on a medical call when a patient kicked me. I am receiving worker's comp, but I was wondering if a firefighter has the ability recover from the responsible party? Answer: A firefighter's ability to recover is going to depend initially on your state’s interpretation of the “Fireman’s Rule”.

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Camden Firefighter Convicted of Pension Fraud

A Camden firefighter who claimed to be disabled has been found guilty of second-degree theft by deception by a Camden County jury. Shane B. Streater claimed that job related back and neck injuries prevented him from continuing to work as a firefighter in Camden.

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More Hearing Loss Claims in NY, NJ, Philly Areas

Yesterday we discussed a lawsuit filed by 34 New Jersey firefighters over hearing loss. WPIX TV Channel 11 in New York is reporting that there are actually more than 4,000 firefighters in the New York-New Jersey-Philadelphia area suing Federal Signal and apparatus manufacturers over siren related hearing loss.

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CT Firefighter Sues Apparatus Driver and Fire Department For Injuries

A Connecticut firefighter whose foot was run over and crushed by an engine at the scene of a house fire last year, is suing his fire department and the driver for his injuries. Christopher Ziemba, a member of the Durham Volunteer Fire Department, was injured on April 23, 2014 at the scene of a house fire in Durham, Connecticut.

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NJ Lieutenant Suing Fire Chief For Harassment and Defamation

A New Jersey lieutenant is suing his fire chief and fire department claiming he was harassed, defamed, and accused of committing a criminal offense while recuperating from a spinal cord injury. Lt. Ronald Laube claims that Clifton Chief Vincent Colavitti ordered him to work modified duty against his neurosurgeon’s orders and falsely accused him of driving a snow plow while he was on sick leave.

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Mass Firefighter Sues Claiming Termination Violates First Amendment

A Massachusetts firefighter who was terminated last year for working while off-injured, has filed suit in federal court claiming that his discipline was actually retaliation for exercising his First Amendment rights. Andrew Davison was a firefighter in Sandwich, Massachusetts and co-owner of Cape Cod BioFuels, Inc.

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Firefighter’s Widow Sues Fire Department Over Cancer Death

The widow of a Washington state firefighter who died of cancer in 2013 has filed suit against the city claiming her husband had knowingly been exposed to radon in his fire station. Wendy Ann Murray filed suit against the City of Vancouver in Clark County Superior Court last week claiming that her husband, Carl, had been “negligently, recklessly and outrageously” exposed to radon.

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Texas Firefighter Twice Fired Goes On The Offensive

A Texas firefighter who was fired twice and reinstated both times is suing his fire chief and the department for discrimination and violation of his due process rights. Robert Vargus was fired by the McAllen Fire Department in 2011 following an apparatus backing mishap in 2010 that was not properly reported. Vargus, who was neither driving nor in-charge, was reinstated...

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Oklahoma Firefighter Sues Over Comp Related Wrongful Termination

An Oklahoma firefighter who was fired following an on-the-job injury has filed a wrongful termination suit. Robert Adair, who was a Special Operations Officer and Hazmat Director for the Muskogee Fire Department, was terminated March 21, 2014, after his doctor cleared his to return to work from a line-of-duty injury he sustained on March 12, 2012.

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Disabled Missouri Firefighter Must Be Compensated in Full

A Missouri firefighter who was severely injured in 2006 at a fatal fire, has prevailed in a suit to continue earning her full pay while recuperating from her injuries. Cindy Schuenke, 50, was a firefighter paramedic with the Community Fire Protection District. She was severely injured at a fire on March 29, 2006

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Oregon Supreme Court Rules in Important Fire Fighter Disability Case

On October 30th, the Oregon Supreme Court issued its decision in John Miller, et. al., v. City of Portland, 356 Or. 402 (2014). The case has important implications for municipalities and fire fighters regarding disability benefits. The question in Miller centered on whether a municipality can change a fire fighter’s “required duties” to require the fire fighter to return to duty despite previously being deemed disabled.

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