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Firefighter's Claim Denied Despite Fatal Injury

  • State: New York
  • Topic: NORTH
  • - Popular with: Employer
  • -  0 shares

New York firefighters are raising questions about why a colleague's $1 million death claim was denied despite evidence his torn aorta happened during a call.

“They should be paying his medical bills,” Brian Brooks, president of the Whitehall Volunteer Fire Company and uncle of the stricken man, told a local newspaper.

James Brooks, 45, died in September, four months after doctors said his main heart artery ruptured while he was responding to a building fire. While in surgery, Brooks suffered a series of strokes, and medical expenses amounted to more than $1 million, the news outlet reported.

New York law provides line-of-duty benefits for volunteer firefighters. But the workers' compensation adjuster for Washington County, Benetech Adjustments, said Brooks had a preexisting condition.

The firefighter's uncle said Brooks had no medical history and had passed a physical examination a year before the incident.

“This should never have even been an issue,” he said. “Here’s a guy working for no pay, shows up on his own time, does all the training. I don’t understand the hatred for volunteer firemen.”

The denial has set off alarm bells among other volunteers who have expressed reservations about continuing their service, Brian Brooks said.

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Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
James E Buckley Feb 27, 2021 a 3:02 pm PST

Did the WCB rule on his claim yet?

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