Workers Compensation

Burning Question: Medical Exams and Liability

Today’s burning question: Have you ever come across a case where a firefighter suffered an illness such as a heart attack, stroke or cancer, in a department that did not have a formal medical monitoring program and then was sued for not having such a program? Answer: While such a case is plausible, none of the cases in my database make that sort of allegation...

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New Jersey Captain Sues for Reinstatement

A New Jersey fire captain who was fired after being filmed shoveling snow while off with an injury, is now suing to get his job jack. Paterson fire captain James Reyes filed suit last month in Passaic County Superior Court seeking reinstatement.

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Austin Challenges Comp Benefits for Firefighter with Cancer

An Austin firefighter who was awarded job-related workers compensation benefits for cancer is now facing a court challenge by the city. Lieutenant Carrie Stewart was diagnosed with breast cancer in 2015. She was awarded comp benefits initially, and that decision was upheld by a three judge workers comp panel.

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Burning Question: Wilmington LODD Suit, Civil Rights Violation, and Deliberate Indifference

Today’s burning question: I saw your article on the Wilmington LODD lawsuit and do not understand why the families of the deceased firefighters would bother suing the city for a civil rights violation. Answer: Civil rights suits are viewed by some attorneys as a strategic “end around” the tort defenses that fire departments would typically raise in cases like this. Whether the strategy will actually work is another story.

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West Virginia Supreme Court Upholds LODD Benefits to Widow

The Supreme Court of Appeals of West Virginia ruled today that the widow of a firefighter who suffered a heart attack after transporting a patient to the hospital is entitled to worker’s compensation dependent benefits. FF-EMT Garry Rose of the McMechen Volunteer Fire Department, died on February 6, 2015

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NY Firefighter Appeals Disability Ruling

A firefighter who was terminated in 2014, is appealing a trial court decision to dismiss several of his disability related claims despite the fact that most of his suit remains intact. Daryl R. Prindle was terminated from the Norwich Fire Department on October 29, 2014 for failing to maintain his EMT certification and a driver’s license

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