Line of Duty

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.

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.

Illinois Appeals Court Rules Removing a Cat From a Roof Not An Emergency

The First District Appellate Court of Illinois ruled last week that responding to a homeowner’s request to rescue a cat stuck on a roof is not an emergency, and thus a firefighter who was injured when a ladder collapsed is not entitled to benefits under the Illinois Public Safety Employee Benefits Act.

Illinois Widow Sues Fire Department For Lost Sick Time

The widow of an Illinois firefighter who died of cancer in 2017, is suing the fire department he worked for to recoup the value of the sick leave he was forced to take while incapacitated due to his medical condition. Joliet Fire Department Lieutenant Scott Carroll died on July 29, 2017 of myxoid liposarcoma. He became unable to work and thereafter was forced to use his accrued sick leave.

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.

Families of Two San Antonio Firefighters Sue

The families of two San Antonio firefighters, one of whom died the other who was seriously injured at a fire in 2017, have filed suit against Scott Technologies and the owner of a boxing gym where the fire occurred. Scott Deem was killed and Brad Phipps was seriously injured at a fire in the Spartan Boxing Gym on May 18, 2017.

Conviction of Arsonist in Ohio LODD Upheld

The conviction of a man accused of arson and murder for the 2015 fire that killed Hamilton, Ohio firefighter Patrick Wolterman has been upheld by the Twelfth Appellate District Court of Appeals. Lester Parker was charged with hiring his nephew, co-defendant William Tucker, to set fire to Parker’s home in order to collect the insurance proceeds.

PA Firefighters Sue Engineers For Collapse

Two Pennsylvania firefighters have filed suit against an engineering firm and an engineer who they claim are responsible for a floor collapse that killed two other firefighters during a mop-up operations at a fire scene. Assistant Chief Greg Altland and FF Erik Swanson of the York Fire Department filed separate suits yesterday.

Delaware LODD Prompts Suit Over Non-Locking Carabiner

The estate of a Delaware firefighter killed in a helicopter training exercise in 2016 has filed suit against the companies that sold the harness system he was wearing when he fell to his death. Timothy McClanahan died when he fell about 100 feet from a Delaware State Police helicopter during a hoist training exercise.

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

Family Seeks LODD Status for 1935 FDNY Death

The family a New York City firefighter who died after a fire in 1935, is seeking to reopen the department’s decision to treat the death as not in-the-line-of-duty. Firefighter Thomas O'Brien passed away in October 1935 at Engine 3’s quarters on West 17th Street hours after he returned from a two-alarm fire

Georgia Firefighter Sues Claiming Whistleblower Retaliation Over LODD Complaints

A Georgia firefighter who was terminated after he complained about the actions of the fire chief at the scene of a fire that killed a fire lieutenant, has filed suit against the chief, the fire department and other local officials. William Jordan claims his termination from the Waycross Fire Department in 2016 was retaliation.

Washington Supreme Court Upholds Cancer Presumption Law

The Supreme Court of Washington handed down an important decision last week on the state’s firefighter cancer presumption law. The unanimous decision upheld workers compensation benefits for two Bellevue firefighters who developed melanoma.

State OSHA Cites Honolulu for Training LODD

The State of Hawaii’s Division of Occupational Safety and Health has cited the Honolulu Fire Department for two OSHA violations following its investigation into the training death of Clifford Riggsbee last June.

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