Nine Firefighters Diagnosed With Cancer Battle Work Comp Claim Denials

Wednesday, September 4, 2019 | 0

Kevin Thompson is a Glendale firefighter with multiple myeloma, a cancer that is covered under workers’ compensation laws as a presumptive illness in Arizona.

A.G. Mark Brnovich

But Thompson and eight other firefighters are battling their employers in cases before the Industrial Commission of Arizona after being denied benefits for their work comp claims, according to ABC 15 Arizona. 

State Attorney General Mark Brnovich has mailed reminders to Phoenix officials and the Arizona League of Cities and Towns regarding what protections firefighters have when it comes to job exposure and certain cancer diagnoses.

A third letter was sent to the Industrial Commission of Arizona requesting the agency collect data about disputes involving presumptive cancer claims filed by firefighters, including the outcomes of the cases, according to ABC 15.

"Commission Director James Ashley responded to the attorney general's request Friday," ABC reports. "Ashley promised it will collect the data and assured Brnovich the Arizona Industrial Commission knows the law regarding workers' compensation for firefighters."

A spokesperson for the commission said the agency was already collecting data before receiving the letter from the AG.

State Sen. Paul Boyer, R-Glendale, who authored a 2017 bill that expanded the list cancers presumed occupational for firefighters, said the presumption law doesn't require firefighters to prove work caused their cancer, according to ABC 15.

"The law doesn't call for that. Because the hearings are closed, we don't know what the administrative law judge relied upon," he said.

The law does identify several prerequisites before the presumption applies, however. A firefighter must have had a pre-employment physical that didn't find evidence of cancer, be assigned to hazardous duty for at least five years and been exposed to a known carcinogen that is reasonable related to the claimed cancer.

Brian Jeffries, president of the Professional Firefighters Association, told ABC 15 that a “deep concern” exists on the matter, as there is an “obvious connection” involving firefighters and exposure to cancer-causing chemicals on the job, and denial of work comp benefits.

CORRECTION: The story was updated to indicate firefighters have disputes with their employers that are being argued before the Industrial Commission of Arizona. The story was also updated to include a statement that the Industrial Commission of Arizona was already tracking data and to list criteria that must be met before the presumption applies.