Illinois firefighters put their lives at risk every day to protect one of the greatest cities in the world. Firefighters who are injured or become sick on the job should have the peace of mind that their pension will support themselves and their family. Disparti Law Group is proud to handle cases regarding firefighter disability pensions.
In the following case, we represented a 49-year-old firefighter with over 15 years on the job who developed colon cancer. We alleged that his diagnosis was caused as a result of occupational exposures. After a denial and two conflicting medical opinions from independent medical doctors who said the client’s injuries were not a result of occupational exposures, attorney Richard Volpe prevailed.
The Board unanimously found our client permanently disabled due to occupational exposure and granted him 65% of his pay tax free for life, as well as a back pay award of $118k.
Here’s how we won this case and how we could do the same for you or your loved one facing challenges with their firefighter disability pension.
Proving Occupational Disease for Firefighter Pension
According to the Illinois Pension Act, firefighters with more than five years of service are eligible for a disability pension of up to 65% of their pay if they were injured on the job or developed an occupational disease because of the job. An occupational disease refers to an illness that is commonly linked to environmental hazards that firefighters often face.
In this case, the client’s colon cancer is recognized as a disease that could develop due to occupational hazards in firefighting, however, it was still subject to medical review by the Firefighters’ Pension Board. The law requires that three doctors examine the injured firefighter and weigh in to prove occupational disease for a firefighter disability pension. The Board uses these medical opinions to determine that the firefighter’s disease or injuries were a result of the job.
Investigating the Firefighter’s Occupational Exposures
Attorney Richard Volpe expertly investigated the client’s entire career as a firefighter, starting by filing a Freedom of Information Act (FOIA) request. Volpe and uncovered hundreds of pages of documented exposure to hazardous smoke and chemicals throughout the 15 years of firefighting.
Key evidence of occupational exposures that likely caused the firefighter’s cancer included:
- a major fire at a chemical plant where the client suffered smoke inhalation and required ER treatment;
- news photos showing the firefighter completely engulfed in smoke and flames; and
- proof that the firehouse environment regularly exposed the firefighter to diesel fumes and engine exhaust.
Each piece of evidence points to likely environmental causes of colon cancer.
How to Handle Differing Medical Opinions in Firefighter Pension Hearing
The client was examined by three doctors, each with differing medical opinions which were presented to the Board during the pension hearing.
Doctor #1: Stated cancer was not caused by firefighting and denied permanent disability.
Doctor #2: Agreed on permanent disability but blamed the cancer on other factors such as family history.
Doctor #3: A board-certified oncologist who confirmed occupational exposure was a causative factor and that the firefighter was permanently disabled.
Using the “scales of justice” analogy, Volpe argued to the Board that only doctor #3 had the credentials to determine the cause of the firefighter’s injuries. Additionally, the client’s disability was confirmed by two out of the three doctors.
Disparti Law Group Wins Disability Pension Benefits for Firefighter
The Pension Board ruled in favor of the firefighter, rejecting Doctor #1’s opinion entirely. This would not have been possible without the advanced negotiation skills of the Disparti team and Attorney Richard Volpe.
Not only did the firefighter secure his disability pension benefits 65% of his pay tax free for life, he was also awarded back pay of $118k for the time he should have been receiving benefits.
Contact a Firefighter Disability Pension Lawyer Today
Firefighters and their loved ones who believe they are owed disability pension benefits should contact an experienced pension lawyer for support. Firefighter pension cases can often require expert legal strategy to prove causation between an injury or illness and the occupational hazards of the job.
Don’t leave things to chance, fight for what is rightfully yours. For a FREE consultation on your disability pension case, contact us today at (312) 600-6000 and find out why thousands say… Larry wins!!
