Tag Archives: cancer presumption

Bellingham WA Settles Suit With Firefighter’s Widow

The widow of a Bellingham firefighter has agreed to settle her lawsuit against the city for $750,000. Sheila Hanlon filed suit in 2021 claiming that the cancer death of her husband, Neil Carlberg, was work-related and qualifying for line-on-duty death benefits even though he was retired.

Idaho Supreme Court Upholds Cancer Presumption for Firefighters

The Supreme Court of Idaho has upheld the constitutionality of the state’s cancer presumption law for firefighters, in a challenge brought by a city contesting a firefighter’s right to workers’ comp benefits for leukemia. Captain Richard Nelson served as a firefighter in Pocatello

FDNY Firefighter Settles Suit Over 9-11 Related Cancer for $2.5 Million

An FDNY firefighter who developed 9-11 related cancer, has reached a $2.5 million settlement with the city. Brian Kevan, 53, worked for months at the World Trade Center site following 9-11. In 2019, Kevan was diagnosed with non-Hodgkin’s lymphoma.

Spouse of Deceased Connecticut Deputy Chief Sues Over Pension Benefits

The spouse of a well-known Connecticut firefighter who died from cancer in 2017, has filed suit claiming the city has failed to honor its pension commitments to her and her son. Lori Pepler filed the suit naming the City of Torrington, the police and fire pension board, and twelve members of the board.

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.

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.

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.

Pennsylvania Supreme Court Rules In Favor of Strong Cancer Presumption in Firefighters

The Pennsylvania Supreme Court handed down a decision last week upholding the cancer presumption act for firefighters by reversing a lower court ruling that would have gutted it. The decision required the court to reject the city’s position that would have made it harder for firefighters to establish the presumption and easier for cities to rebut it.

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.

Podcast Episode 11 – Florida Firefighter Prevails in Cancer Related Disability Case

In this episode of Fire Law, Curt and Florida firefighter-attorney Mike Clelland discuss Mike’s recent victory for an Orlando firefighter who was seeking a cancer-related disability pension. Mike, a 26 year fire service veteran and former state legislator, now practices with the law firm of Morgan & Morgan.

Should Cancer Presumption Laws Be Data or Policy Driven

Today’s burning question: Our union has been fighting for a cancer presumption provision in our collective bargaining agreement for years to no avail. We have even started working at the state level to get legislation enacted. Isn’t there a way we can force the city to accept the obvious: that firefighting increases the risk of contracting cancer?

Colorado Court Rules on Cancer Presumption for Denver Firefighter

The Colorado Court of Appeals handed down an important cancer presumption decision last week involving a Denver firefighter who was diagnosed with leukemia. Firefighter Russell Andrews was diagnosed with chronicmyelogenous leukemia (CML) in 2010. The city sought to deny him ...