Firefighter Wins Lawsuit Against Pasco County for Denied Cancer Coverage
A recent court ruling in Pasco County, Florida, has resulted in a victory for firefighter William Hammond and the union representing him. The lawsuit accused the county of improperly denying Hammond medical coverage for his cancer claim. The county had argued that Hammond’s skin cancer was not invasive and, therefore, did not meet the requirements for full coverage under the state’s Firefighters Cancer Bill. However, the judge ruled against the county’s argument and granted Hammond the medical coverage and lump sum payment promised by the legislation.
Hammond, who has been serving with Pasco County Fire Rescue for over 20 years, was diagnosed with basal cell carcinoma on his face and head in June of 2020. He and the firefighters union filed a lawsuit in January 2022 after county officials denied Hammond’s claim for treatment reimbursement and the lump sum payment mandated by the law.
The denial sparked outrage among the members of the Pasco County Professional Firefighters Local 4420 of the International Association of Fire Fighters. Union members attended a County Commission meeting and urged officials to reconsider their decision, calling it not only an attack on every firefighter in Pasco County but on every firefighter in Florida. They even threatened political repercussions.
Despite the union’s outcry, the county persisted in its decision to deny Hammond’s claim. County officials initially claimed that Hammond had not signed a form stating that he didn’t use tobacco, even though the form was not required and Hammond didn’t use tobacco. Later, they cited the county’s insurance carrier, AFLAC, as the reason for denying the claim.
During the court proceedings, Pasco County argued that the law was ambiguous and failed to define the term invasive skin cancer, one of the specific cancer types covered by the legislation. However, the court ruled that the law was not overly vague. The county continued to argue that Hammond’s cancer was not invasive and didn’t meet the requirements of the firefighter cancer law. After multiple hearings, Circuit Judge Kimberly Sharpe Byrd ruled in Hammond’s favor in September. The ruling included a statement from Hammond’s doctor affirming that his patient indeed had invasive cancer.
On the other hand, the physician hired by the county had not examined Hammond or his medical records and did not address whether the cancer was invasive. Instead, the doctor stated that the type of cancer Hammond had was generally not considered aggressive. However, the court concluded that this did not refute the fact that it was invasive skin cancer.
Pasco County Attorney Jeffrey Steinsnyder informed the County Commission that the judge had ruled against the county in the case and recommended against appealing the decision. The commissioners did not respond to Steinsnyder’s recommendation.
This victory for William Hammond and the firefighters union marks an important step in ensuring that firefighters receive the medical coverage they deserve for cancer-related illnesses. It sets a precedent that will likely impact similar cases throughout the state of Florida. The court’s ruling confirms the importance of fully understanding and applying legislation designed to protect the health and well-being of firefighters who risk their lives to protect others.
While the county may have argued that Hammond’s cancer was not invasive, the judge’s decision emphasizes the necessity of thoroughly examining medical evidence and considering expert opinions. In this case, Hammond’s doctor asserted without a doubt that his patient had invasive cancer, contrasting with the county’s hired physician who did not conduct a proper examination.
The Pasco County Professional Firefighters Local 4420 and its members can now celebrate this legal victory and the recognition that their health matters. The outcome of this lawsuit sends a powerful message to other counties and municipalities, encouraging them to prioritize the well-being of firefighters and comply with legislation designed to support those battling cancer.
