Firefighters work to save a Messmate in Victoria, Australia. Photo by Forest Fire Management Victoria.
The presumptive disease program passed last year by Victoria’s Parliament went into effect September 14, 2022.
It extends the program to wildland firefighters and includes “surge firefighters” who are government employees normally in other roles, but who perform firefighting duties during the fire season as part of their agency’s surge capacity as needed.
The presumptive disease program ensures that if a firefighter is diagnosed with any of the 12 listed cancers, they will not have to prove that it was caused by their employment, and it will be considered an on the job injury.
The cancers covered are brain, bladder, kidney, non-Hodgkins lymphoma, leukemia, breast, testicular, multiple myeloma, prostate, ureter, colorectal, and esophageal.
The compensation applies to forest firefighters who:
have been diagnosed since 1 June 2016 with one of the 12 specified types of cancer;
have served in active firefighting roles for a specified number of years, depending on the cancer type;
are diagnosed during their service or within 10 years after they’ve finished their service.
A partial year of service is counted as a full year of service to recognize seasonal workers. Previous service as a volunteer or career firefighter and equivalent interstate service count toward the qualifying period.
Ben Elkind was seriously injured during a training parachute jump on May 15. During his ninth year as a smokejumper (with six years before that on a hotshot crew) he sustained a dislocated hip and pelvic fracture during a hard landing. During surgery at the hospital they found six fractures and placed three plates and 10 screws to repair the damage.
While Ben is unable to fight fires for an extended length of time, he will not be able to supplement his base income with the usual 1,000 hours of overtime each year which in the past he has depended on to support his wife and two small children.
And then during a full body CT scan a nodule was discovered on his thyroid — meaning, cancer. Ben told Wildfire Today the cancer was caught early and is very treatable.
We have written about Ben previously, but that was before we were aware of the cancer. And the other reason we’re bringing it up now is that yesterday NBC News published a nearly four-minute video story about Ben and other similar examples of injured wildland firefighters.
For more than the last year Ben has been very involved working to improve the working conditions of federal wildland firefighters, being proactive in educating the public and other firefighters about what they can do to improve the pay, classification, health, well-being, and processing of worker’s compensation claims (see photo below). In 2021 he wrote an article that was published in The Oregonian and Wildfire Today. And now he finds himself as one of the examples of what can happen on the job to a wildland firefighter that can seriously affect them and their family.
NFFE meets with Secretary of Labor in Washington, DC, March 16, 2022. L to R: Max Alonzo (NFFE), Bob Beckley (NFFE), Hannah Coolidge (USFS Hotshot), Marty Walsh (Sec. Of Labor), Dane Ostler (USFS – Prevention), Ben Elkind (USFS – Smokejumper), Randy Erwin (NFFE – President), and Jeff Friday (NFFE).
There has been some progress during the last year in establishing a list of presumptive diseases for firefighters.
Pending legislation would create the presumption that firefighters who become disabled by certain serious diseases, contracted them on the job, including heart disease, lung disease, certain cancers, and other infectious diseases. The bipartisan Federal Firefighters Fairness Act, H.R. 2499, passed the House in May and is now in the Senate.
In April the Office of Workers’ Compensation Programs (OWCP), in FECA Bulletin No. 22-07, established a list of cancers and medical conditions for which the firefighter does not have to submit proof that their disease was caused by an on the job injury.
Consider telling your Senators and Representative to pass the Tim Hart Wildland Firefighter Classification and Pay Parity Act, H.R.5631. The name of the bill honors smokejumper Tim Hart who died after being injured on a fire in New Mexico in 2021. (More about the bill.) And ask your Senators to pass the Federal Firefighters Fairness Act, H.R. 2499.
You may want to make a donation to the gofundme account set up by the Redmond Smokejumper Welfare Organization to assist Ben and his family.
Yesterday the Department of Labor announced that they have implemented important changes for processing Federal Employees’ Compensation Act (FECA) claims submitted by firefighters. FICA can pay medical expenses and compensation benefits to injured workers and survivors, and helps injured employees return to work when they are medically able to do so. The new policy eases the evidentiary requirements needed to support claims filed by federal employees engaged in fire protection and suppression activities for certain cancers, heart conditions and lung conditions. In essence, to an untrained observer, the new program looks similar to the presumptive disease policy employed by many fire departments and governments.
The new Office of Workers’ Compensation Programs FECA Bulletin, No. 22-07 “Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication” issued April 19, 2022, establishes a list of cancers and medical conditions for which the firefighter does not have to submit proof that their disease was caused by an on the job injury. The requirements to qualify for this new policy are that the condition must be diagnosed by a doctor, the person was engaged in fire protection activities for at least 5 years, and the diagnosis must have occurred no more than 10 years after employment.
If these requirements are met, the employee’s claim would be deemed “high-risk” and qualify for expedited processing.
Hypertension, coronary artery disease, chronic obstructive pulmonary disease, pulmonary fibrosis, asthma, or a sudden cardiac event or stroke.
To implement the policy changes, OWCP has created a special claims unit to process federal firefighters’ claims. The unit consists of existing staff specifically trained to handle these issues. The agency is also providing comprehensive training to the unit’s examiners on the impacts of the policy changes, and working with federal agencies including the departments of Agriculture, Defense, Homeland Security and Interior to explain the changes in policy and procedures.
These two major changes in how the OWCP handles illness and injury claims from firefighters appear to be monumental improvements if they pan out as advertised. In recent years the reputation and services provided by the agency for injured or sick firefighters, or the surviving spouses and family members of those killed on the job, has been abysmal. Too often they have been driven to beg for money at GoFundMe just to pay medical bills after being hounded by bill collectors when the federal government did not fulfill their legal obligations.
NFFE and IAFF met with Labor Secretary Marty Walsh (wearing the red tie) and Department of Labor officials in Los Angeles, April 20, 2022 to discuss processing of firefighters’ injury claims. NFFE photo.
Some of these changes and improvements are due in part to efforts that have been going on behind the scenes by members of the Grassroots Wildland Firefighters, International Association of Fire Fighters, and the National Federation of Federal Employees. In the last month they have traveled to Washington DC and Los Angeles (at least) to meet with federal officials who can make things happen. For example they have met with Marty Walsh, the Secretary of Labor, twice. These folks deserve your thanks.
One of the causes of the slow response to firefighters’ injury and death claims has been a reduction in the number of OWCP claims examiners due to declining budgets over the last few years. It is critical that the President and both houses of Congress follow up and ensure that the agency is appropriately funded so that they can perform their required duties, assisting employees injured or sickened on the job.
How to file a workers’ compensation claim(From the OWCP):
To file a workers’ compensation claim, you must first register for an Employees’ Compensation Operations and Management Portal (ECOMP) account at www.ecomp.dol.gov. ECOMP is a free web-based application. You do not need approval from your supervisor or anyone else at your agency to initiate your FECA workers’ compensation claim. Once you register for an ECOMP account, you will be able to file either Form CA-1 ‘Notice of Traumatic Injury’ (single event trauma) or Form CA-2 ‘Notice of Occupational Disease’ (repeated exposure).
