After the Florida Firefighter Cancer Benefit Program refused compensation to him, a firefighter from Pasco County filed a lawsuit against the county, which he ultimately won. In 2020, it was discovered that William Hammond, a fireman, had basal cell carcinoma, a kind of skin cancer. He submitted an application for benefits under the 2019 program, which was enacted to give firemen who get cancer from working with toxins financial support.

Hammond’s claim was rejected by the county, nonetheless, on the grounds that basal cell carcinoma did not meet the legal definition of “invasive skin cancer”. In January 2022, Hammond and his union, Pasco County Professional Firefighters Local 4420, sued the county.

A judge decided in favor of Hammond in October 2023, concluding that the legislation was clear and that basal cell carcinoma was, in fact, an aggressive form of skin cancer. The judge mandated that the county provide Hammond with the whole benefits package, which consists of an increased disability or death benefit, complete reimbursement for all treatment expenses, and a $25,000 lump sum payout.

The Florida Firefighter Cancer Benefit Program’s history

In response to mounting evidence that firefighters are more likely to get cancer as a result of carcinogen exposure at work, the Florida Firefighter Cancer Benefit Program was approved in 2019. If a fireman gets any of the 21 cancer kinds specified in the law, including basal cell carcinoma, the program offers financial support.

The Hammond Case

In June 2020, Hammond received a diagnosis of basal cell carcinoma affecting his head and face. The county rejected his application for benefits under the Florida Firefighter Cancer Benefit Program. According to the county, basal cell carcinoma does not fall under the legal definition of an aggressive form of skin cancer.

In January 2022, Hammond and his union filed legal action against the county. The complaint claimed that the county’s interpretation of the legislation was irrational and that the county had broken the law by rejecting Hammond’s claim.

Court’s Decision

A judge made a decision in favor of Hammond in October 2023. The judge determined that basal cell carcinoma was, in fact, an aggressive form of skin cancer and that the legislation was clear in this regard. In addition, the judge determined that the county’s legal interpretation was irrational.

The judge mandated that the county provide Hammond with the whole benefits package, which consists of an increased disability or death benefit, complete reimbursement for all treatment expenses, and a $25,000 lump sum payout.

Consequences of the Court’s Decision

The court’s decision in Hammond’s case is a major win for Florida firefighters. The decision makes it clear that benefits under the Florida Firefighter Cancer Benefit Program are available to firemen who develop basal cell carcinoma.

Counties are also instructed by the court not to arbitrarily withhold payments from firemen who have contracted cancer as a result of their work.

In summary

The court’s decision in Hammond’s case represents a substantial milestone in the battle to shield Florida’s firemen from the risks of occupational cancer exposure.

Here are some more information regarding the fireman who wins cancer case against Pasco County, in addition to what has already been mentioned:

• Hammond had been with the Pasco County Fire Rescue Department for twenty years.

• After he developed an unhealing facial sore, a diagnosis of basal cell carcinoma was made.

• After the malignancy was removed surgically, Hammond still needs follow-up treatment.

• Aflac, the county’s insurance provider, first rejected Hammond’s claim, but that decision was subsequently overturned.

• On whether to accept Hammond’s claim, the county commissioners couldn’t agree, with some saying that it would create a dangerous precedent.

• But once the judge found in favor of Hammond, the county finally consented to provide him the whole benefits package.

A major success for firefighters in Florida and a warning of the risks they confront on the job is the fireman wins cancer case against Pasco County. Every day, firefighters risk their lives to save our communities, and they should be shielded from the risks associated with cancer exposure.