Workers Compensation

NY Appellate Court Rules Recruit Injured During Training Entitled to Disability Benefits

The Appellate Division of the New York Supreme Court has ruled that a firefighter-recruit injured during training is entitled to the same disability compensation reserved for firefighters “injured in the performance of his or her duties.” The case involves a recruit with the Norwich Fire Department, Dennis Smith.

Kansas Court Upholds Firefighter’s Hearing Loss Disability Claim

The Kansas Court of Appeals has upheld a workers’ comp claim brought by a firefighter alleging hearing loss. Patrick O'Neal was a firefighter with the Hutchinson Fire Department. O'Neal filed a workers’ comp claim alleging permanent bilateral hearing loss and tinnitus.

Illinois Firefighter Injured During Live Burn Denied Health Benefits

An Illinois firefighter who was catastrophically injured in 2016 during a live fire training exercise, has lost his appeal to get health insurance benefits that are available to firefighters injured when responding to actual emergencies. Sean T. Heneghan was a firefighter for the City of Evanston.

Louisiana Court Orders Civil Service Board to Rehear Termination Case

The Louisiana Court of Appeals has affirmed a lower court ruling that the City of Kenner’s Civil Service Board wrongfully denied the appeal of an assistant chief who was forced to retire in 2018. The case was brought by Michael Voltolina, who was involuntarily retired after he was off on sick leave for one-year

Disabled Georgia Fire Lieutenant Claims City Wrongfully Changed Pension Laws To Limit Her Benefits

A Georgia fire lieutenant who was injured in the line of duty, has filed suit claiming her employer defrauded her out of disability pension benefits by changing the rules after she was injured. Lieutenant Bridgit Christensen filed suit against the City of Decatur in federal court.

Firefighter’s Hearing Loss Not Compensable

A Louisiana firefighter suffering from work-related hearing loss has lost his workers compensation claim because it was not the result of a “single traumatic accident.” James J. Hartman, Jr., a firefighter with the St. Bernard Parish Fire Department, was diagnosed in 2017 with 42.2% binaural hearing loss.

Arizona Court of Appeals Denies Cancer Presumption to Flagstaff Firefighter With Cancer History

The Arizona Court of Appeals has denied a claim by a Flagstaff firefighter that his testicular cancer should be treated as a job-related illness under the state’s cancer presumption law. Wesley Forbach was diagnosed with left side testicular cancer in April 2018.

Tucson Prevails in Termination Suit

A probationary Tucson firefighter who was terminated in 2015, has lost the appeal of his wrongful termination suit. Michael Burroughs sued the city claiming he was retaliated against because he filed a workers’ comp claim and because he was the victim of disability discrimination.

Fire Law Podcast 32: Legal Implications of Corona Virus COVID-19 and Quarantine

In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the podcast.

Minneapolis Settles Sneaker Discrimination Suit for $785k

The city of Minneapolis has agreed to settle a lawsuit filed by a former firefighter over the city’s refusal to allow him to wear sneakers on duty for medical reasons. FF Keith Daniel injured his ankle while on duty back in 2011. The injury required surgery to repair a torn ligament.

Florida Court Rules Cancer Law Covers Illness Diagnosed Prior to Enactment

A Florida firefighter who was diagnosed with thyroid cancer last year, prior to the passage of the state’s cancer benefit law for firefighters in May of this year, has prevailed in his efforts to secure benefits under the act. Last week, Judge Thomas Ramsberger granted summary judgment to St. Petersburg Lieutenant Jason Francis. Lt. Francis sued St. Petersburg last July...

First Suit Filed Over Florida’s Firefighter Cancer Presumption Law

A St. Petersburg fire lieutenant who was diagnosed with cancer last year, and who was denied coverage under Florida’s newly enacted cancer presumption law, has filed suit. Lt. Jason Francis filed suit against the city of St. Petersburg. He filed for benefits under Florida Statutes 112.1816 on July 1, 2019, which incidentally was the day the law went into effect.

LA County Groin Kick Suit Results in No Liability

The Second Appellate District of the California Court of Appeals has upheld a trial court ruling that a Los Angeles County fire captain who kicked one of his firefighters in the groin while demonstrating a self-defense move is not liable for the harm the resulted. The facts of the case are quite involved and go back to 2011.

Trial Court Rules Against Utica Fire Chief’s Disability Claim

For a relatively small city, the City of Utica, New York has seen more than it’s fair share of fire law headlines in recent years. The Utica Fire Department is once again in the headlines with word that New York State Supreme Court Judge Patrick McRae has ruled against Fire Chief Russell Brooks, who is seeking 9-11 related disability benefits for his leukemia.

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