EASTCHESTER, N.Y. — A firefighter battling bladder cancer was fired weeks after finding out the state denied his disability retirement.
While former Eastchester firefighter Philip Maldari, 43, insists the cancer was a result of his work as a firefighter, district officials maintain there was no connection — and relied on a section of Civil Service law permitting them to fire him after he was out a full year.
“(The chief) basically told me ‘Just because you’re afraid of something coming back doesn’t mean you can’t work,’” Maldari said.
At issue is Malardi’s fear of the cancer returning. Maldari stayed out of work because his doctor warned the risk of recurrence was at least 70 percent.
“I do not feel given the potential exposure to carcinogens that the patient can continue to work as a firefighter,” Dr. Dan Costin wrote in his report to the retirement system’s Medical Board.
A tumor was found in Maldari’s bladder in July 2012 and he worked until mid-August of the same year, according to LoHud.com. He underwent surgery in September 2012 and was in remission last year after undergoing chemotherapy, according to the report.
Under state late, bladder cancer is among presumptive illnesses for firefighters for disability purposes, according to the report. It is presumed they contracted it on the job if they didn’t have it before.
Maldari believes he got the cancer from being stationed at firehouses with poor ventilation where diesel-powered trucks pull in and out, according to the report.
“I was 42 years old. You’re not supposed to get that at 42,” Maldari said.
In January, the district claimed that its own doctor found Maldari to be fit for duty, according to the report.
Maldari tried to get the one-year clock to start over on Aug. 7 by showing up to work, according to the report. Lawyer Richard Corenthal requested a light-duty option, but was denied after a memo was sent to captains and lieutenants warning that if he showed up he was not to be considered on duty, according to the report.
Firefighter Maldari applied to the state for retirement under the law covering disability for firefighters.
However, he was supposed to apply to the district within 10 days of his illness — a deadline he missed. A lawyer for the district said they had no responsibility to advise him on his filing requirements, according to the report.
Without a salary from his job or money from retirement, Malardi is concerned how he will provide for his family or eat.
“I don’t want it coming back. I want to live. I want to see my kids grow and get big,” Maldari said.
Malardi’s wife, Patricia, said they didn’t want to go public about his situation. They wanted to give district officials the chance to “do the right thing,” according to the report.
“This whole situation is nothing but stressful. All I wanted was for my husband to retire, which he is entitled to do, and not get cancer again,” Patricia Maldari. “I just don’t understand why this is so hard.”
Lawyer Richard Corenthal expects to file a lawsuit challenging the firing. “There’s no question the district has acted improperly in terminating his employment,” he said.
A disability retirement would give Maldari tax-free annual pension of about $45,000 and would also make him eligible for annual payments from the district that would supplement his pension until he reaches mandatory retirement age, according to the report.
If Maldari remains fired without the disability retirement, he would not begin collecting the pension until he is 62.
The state denied Maldari a disability retirement, ruling that he “is not permanently incapacitated for the performance of duties,” according to the report.
Firefighters, lieutenants and captains from the department have donated money to help Maldari and his family with insurance and legal costs in the short run, according to the report.
“It will help and I want them to know we really appreciate that,” he said.
Firefighter Sean Stewart, the union president, said the district could have handled things differently, according to the report.
“He’s trying to get his retirement but when that didn’t go his way they threw him out in the cold,” Stewart said. “He got cancer. He didn’t ask for that. Cut him some slack.”