By Elizabeth Campbell
The Fort Worth Star-Telegram
BEDFORD, Texas — Firefighter Keith Long, who has stage 4 colon cancer, won a major victory this week in his two-year dispute with the city over workers’ compensation benefits.
Long argued that his illness was caused by on-the-job exposure to carcinogens. A state administrative law judge ruled in favor of Long late Wednesday, said Chris Conner, president of the Bedford Professional Firefighters Association.
“We feel really good that we got it. I’m smiling inside,” Conner said.
Long’s attorney, Kay Goggin, said that the terms are confidential but that the judge ruled that Long suffered an occupational disease in the course and scope of his employment.
The Texas Municipal League, which handles workers’ compensation claims for Bedford, has 15 business days to appeal to a Texas Department of Insurance panel, she said.
Michael Bratcher, workers’ compensation claims manager for the Texas Municipal League Intergovernmental Risk Pool, could not be reached for comment.
The agency argued that workers’ compensation is designed to cover work-related injuries, not ordinary diseases of life.
Getting cities to offer cancer screenings and recognize that cancer can be caused by exposure to carcinogens on the job is a priority for firefighters.
The municipal league has told the Star-Telegram that the World Health Organization’s International Agency for Research on Cancer does not list colon cancer among illnesses caused by fighting fires.
“We are grateful the process allowed an opportunity for all information to be considered,” City Manager Roger Gibson said in an emailed statement. “The decision provides Keith and his family financial assistance during a very difficult time. Keith and his family continue to have our support and prayers.”
Long, 51, a Bedford firefighter for over 20 years, first noticed that something was wrong in January 2013 when he felt sharp pains in his side.
Thinking it was his gallbladder, Long scheduled a doctor’s appointment. Sonograms and other tests showed that Long had stage 4 colon cancer, which spread to his liver and lungs.
To try to obtain benefits, Long argued that he was exposed to carcinogens such as firetruck exhaust, heat, smoke and chemicals and that firefighters face a higher risk of cancer.
Without benefits, Long was not entitled to financial compensation and had to use vacation and sick time for his treatment. Goggin previously told the Star-Telegram that Long’s insurance did not cover lost wages or impairments, which are covered under workers’ compensation.
Texas has a presumptive disability law that says firefighters and other first responders are presumed to have developed cancer while on the job under certain conditions. One is that the cancer must be caused by exposure to smoke, heat, radiation, or a known or suspected carcinogen as determined by the International Agency for Research on Cancer.
This year, the Legislature changed the law to require that insurance carriers provide written information on why a claim is denied, but that applies only to claims filed after May 29, when the new law took effect.
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