Tag: firefighter

Oct 26, 2022

Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively

Florida’s special firefighter statute, § 112.1816, Fla. Stat., which provides previously unavailable benefits—a one-time payment of $25,000, and full coverage of the firefighter’s cancer treatment—to firefighters who meet certain criteria...

Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively
May 3, 2022

To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment

The Supreme Court of Idaho, construing Idaho Code § 72-438(14)(b), which generally provides firefighters with a rebuttable presumption that certain listed cancers have a causal connection with the employment, held...

To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment
Dec 29, 2021

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents

Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents
Oct 15, 2020

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement

A county firefighter, who was diagnosed with prostate cancer three years after his retirement, and who had been given a 40 percent disability rating, was entitled to PPD benefits based...

Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement Nevada Firefighter Due PPD Benefits For Cancer Diagnosed After Retirement
Dec 20, 2019

Divided Rhode Island Supreme Court Nixes Conclusive Cancer Presumptions for Firefighters

R.I. Gen. Laws § 45-19.1-1 (1956) does not create a conclusive presumption that cancer in firefighters arises out of and in the course of the employment, held a divided Supreme...

Divided Rhode Island Supreme Court Nixes Conclusive Cancer Presumptions for Firefighters Divided Rhode Island Supreme Court Nixes Conclusive Cancer Presumptions for Firefighters
Mar 1, 2019

Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule

In a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer...

Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule
Feb 19, 2019

NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits

Reverses Lower Court That Disallowed TD Benefits Since Firefighter Had No Lost Wages Earlier today, reversing a late 2017 decision of the state’s Appellate Division [see my earlier discussion of...

NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits
Dec 15, 2017

Unemployed Volunteer Firefighter Denied TD Benefits

In what some may view as insult added to injury, an unemployed New Jersey firefighter, who sustained significant injuries to her leg when she slipped and fell on ice as...

Unemployed Volunteer Firefighter Denied TD Benefits Unemployed Volunteer Firefighter Denied TD Benefits
Apr 20, 2017

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption

A Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung Presumption
Sep 20, 2012

Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed

The Kentucky Court of Appeals sent a not so subtle message to any volunteer firefighter within the state who has been laid off from his or her regular employment during...

Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed
Feb 29, 2012

New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner

“Danger invites rescue,” wrote Judge Benjamin Cordozo in his typical profound and pithy manner [see Wagner v. International Railway, 232 N.Y. 176, 133 N.E. 437 (1921)]. Cordozo’s pronouncement is generally...

New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner