Edmond firefighters with cancer battling for benefits
BY DIANA BALDWIN
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34
Published: March 2, 2009
Edmond firefighters John Werhun, left, and Tim Vernon have cancer. Photo BY PAUL HELLSTERN, THE OKLAHOMAN
EDMOND — Tim Vernon has two fights on his hands.
The 19-year veteran firefighter has been battling cancer for more than two years. At the same time, he has been in a court fight with the city of Edmond over his workers’ compensation benefits because he says he got the disease on the job.
City officials have asked the
Oklahoma Supreme Court to review earlier rulings in his case. If Vernon wins in the higher court, it will mean Edmond and other cities across the state are liable for firefighters who become ill with cancer or heart and lung problems on the job.
Vernon, 45, was diagnosed in July 2006 with stage four colon cancer. He has continued to receive a paycheck from Edmond because other city employees have donated their time to keep him on the payroll.
Vernon said he thought he would be eligible for workers’ compensation benefits because
Oklahoma law presumes his colon cancer is a work-related injury due to the nature of the job, which includes repetitive exposure to smoke, hazardous materials and chemicals.
Workers’ Compensation and Oklahoma Court of Civil Appeals judges agree Vernon is eligible for state financial help. Edmond officials continue to contest the rulings.
"We believe it is unconstitutional,” said
Charles G. Braun, Edmond’s attorney.
City officials say the law is unconstitutional because it provides special treatment for firefighters.
The state Supreme Court hasn’t ruled on this law, and it’s important that firefighters and cities know where they stand on the issue, Braun said.
This ruling won’t just affect Vernon’s life, but the fate of other state firefighters and fellow Edmond firefighter
John Werhun, who was diagnosed with stage four colon cancer July 15.
"Fighting cancer is hard enough without having to hire an attorney and fight for your rights that the Legislature thought we deserved,” said Werhun, 28. "The burden of fighting a court case makes it that much harder to handle the (cancer) treatment.”
"Not to do what the court said is asinine and arrogant,” Vernon said. "A lot is riding on this, not just for me, but all firefighters and their families. It has gotten a whole lot bigger than Edmond.”
The situation is no different in
Oklahoma City. Firefighters are being denied workers’ compensation benefits and forced to hire attorneys at their expense to prove their case.
"We think municipalities are handling it wrong,” said
Gary Copeland, president of
International Association of Firefighters Local 157.
Copeland couldn’t give an exact number of Oklahoma City firefighters who are in the same situation, but there are a number, he said.
The family of the late
Del City fire
Capt. Ron Weaver is more fortunate.
Del City officials agreed to pay Weaver’s workers’ compensation benefits, which left his wife, Cheryl, with his monthly pension check and paid his medical bills after he died Feb. 20, 2007. Weaver had adenocarcinoma, a type of cancer that can develop in cells that line several internal organs.
Cheryl Weaver said her husband told her it was a huge relief the day he learned that his workers’ compensation benefits were approved.
"I didn’t know the impact until a couple months later,” Cheryl Weaver said. "I just don’t think it is right for these guys not to get their benefits.”
For Vernon, life has been rough. Eight surgeries, multiple rounds of chemotherapy treatments and the fight with his employer have been tough, and a financial burden on his family.
"Everything I have been through has been a struggle,” Vernon said. "The emotions, doubts and fears will be well worth it if a change is made.”
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I would assume with a name like this you would have some formal training in IDLH atmospheres. PPE is a very important step in prevention but just like in hazmat there are some things out of our control. Yes, cancer can be caused by a number of different things but the matter of the issue is that people like you and I voted for this legislation and now it is omitted when it is needed. Being in hazmat you understand the necessity of pre and post screenings. God forbid you may catch a hazmat job in an IDLH atmosphere and your health is compromised.
Tom, Edmond