Firefighter Diagnosed with Cancer Caused by Hazardous Duty Fights Appeal in Common Pleas Court
Our client, a City of Toledo firefighter working hazardous duty for 29 years, was diagnosed with prostate cancer in 2017, forcing him to undergo a prostatectomy. Under an Ohio statute designed to help firefighters diagnosed with job-related cancers, our client filed appropriate workers’ compensation paperwork stating that he believes his prostate cancer to be job related, due to exposure to diesel engine exhaust, asbestos, and numerous other carcinogens for at least six years of his employment.
In July 2019, the Ohio Bureau of Workers’ Compensation allowed his claim, and a hearing was held before a District Hearing Officer (DHO), who agreed that our client’s prostate cancer was indeed job related. The City of Toledo then appealed this decision, but the case was brought before a Staff Hearing Officer (SHO), who affirmed the initial decision, allowing our client’s claim.
The city then notified the Ohio Industrial Commission that it was requesting a further hearing on the SHO findings, which was subsequently refused. At that point, the City of Toledo filed again with a Notice of Appeal, this time with the Lucas County Court of Common Pleas. Our client now seeks a determination by the Court that he is eligible for workers’ compensation coverage for his job-related cancer. He is seeking a trial by jury, to let the court decide his eligibility for compensation and other relief he could be entitled to.
If you or someone you love has been diagnosed with cancer you believe could have been caused by working hazardous duty as a firefighter, an experienced workers’ compensation attorney could help you receive the compensation that you deserve. The legal representatives at Charles E. Boyk Law Offices are experienced in fighting for fair restitution in these types of cases. Contact us today to set up an initial consultation and explore your legal options.
