Baytown firefighter Patrick Mahoney (second from left) is actuality sued by the burghal of Baytown to abjure him advantage for his blight treatment.
Baytown firefighter Patrick Mahoney (second from left) is actuality sued by the burghal of Baytown to abjure him advantage for his blight treatment.
Photo: Baytown Blaze Department
Baytown firefighter Patrick Mahoney (second from left) is actuality sued by the burghal of Baytown to abjure him advantage for his blight treatment.
Baytown firefighter Patrick Mahoney (second from left) is actuality sued by the burghal of Baytown to abjure him advantage for his blight treatment.
City of Baytown sues cancer-stricken firefighter to abstain advantageous allowance claims
A firefighter aggressive blight is actuality sued by Baytown's burghal government, which seeks to abjure advantageous him allowance advantage for his analysis over the aftermost 18 months.
Patrick Mahoney, a army arch for the Baytown Blaze Department, was diagnosed with thyroid blight in December 2016, banishment him to acquire bisected of his thyroid removed and abide connected treatment, including thyroid hormone supplements and approved claret work.
Immediately afterwards his diagnosis, Mahoney, 36, filed a workers' advantage claim, gluttonous allowance advantage for his treatment, which he is currently advantageous out of pocket. Mahoney believes he was apparent to carcinogens as allotment of the hazards of his assignment as a firefighter, and Chapter 607 of the Texas Government Code, accepted as the "presumptive statute," ensures analysis of job-related illnesses.
"The law is on our ancillary with that," Mahoney said in a buzz interview. "It's absurd to trace article directly, that's why we acquire the presumptive law because (firefighters) are apparent to so abounding altered things on such a approved basis, it's absurd to trace it to any one thing. But I'm a longtime non-tobacco user, it's a reasonable belief, I think."
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Mahoney prevailed in the antecedent account analysis appointment with the TML Intergovernmental Accident Pool, the city's ambassador for workers' compensation. Afterwards he additionally won an appeal, the burghal absitively to sue in May in adjustment to abjure Mahoney's claim, application an alfresco counsel, advocate Brandi Prejean of the San Antonio-based law close Thornton Biechlin Reynolds & Guerra.
"(The burghal has) spent a amazing bulk of money angry this, apparently added than they would acquire paid if they had aloof paid the affirmation in the aboriginal place," Mahoney said.
Prejean said in a account Friday that the burghal has the appropriate to address the decision.
"The Burghal of Baytown has paid all of the allowances they were ordered by the accompaniment bureau to pay to Mr. Mahoney and abide to do so. The accompaniment bureau answerable with acclamation these types of disputes has taken inconsistent positions on the types of blight covered beneath the applicative law. The Burghal has the appropriate to address the accompaniment agency's accommodation to Commune Court. The Burghal has called to exercise that appropriate and Mr. Mahoney continues to be afforded all allowances he is due, awaiting the aftereffect of the City's appeal," the account said.
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Mahoney, a affiliate of the Baytown Blaze Department back 2002, characterized the city's accusation and advancing action of his claims accomplishments as a "betrayal" and a "slap in the face," and believes that the burghal is attempting to abstain ambience a antecedent of advantageous out allowance claims to firefighters who are added at accident of cancer.
"We've had several firefighters with blight in the Baytown Blaze Department," Mahoney said. "So I doubtable they appetite to action tooth and attach to abstain ambience the antecedent that they're activity to acquire any of these claims."
The admiral of Texas Accompaniment Association of Blaze Fighters, the abutment that represents all firefighters statewide, beatific a letter in May to Baytown Mayor Stephen DonCarlos and Burghal Manager Rick Davis advancement them to bead the lawsuit. Riddle cited an International Bureau for Research on Blight abstraction that begin firefighters faced college risks of thyroid and added cancers.
"As a Baytown firefighter, Mr. Mahoney is at added accident for developing thyroid blight and abundant added illnesses acquired by again acknowledgment to chancy materials," wrote the abutment president, John Riddle. "We appetite you to anon about-face advance and (assure) Mr. Mahoney that he will accept the allowance allowances promised to him."
Mahoney's city-provided bloom allowance does not awning blight treatment.
Two contempo studies commissioned by the National Institute for Occupational Assurance and Bloom assured that, compared to all U.S. adults, firefighters face a 9 percent access in blight diagnoses and a 14 percent access in cancer-related deaths.
This affair for the assurance of firefighters led Admiral Donald Trump to assurance on July 9 the Firefighter Blight Registry Act, which calls for the accumulating of autonomous abstracts including whether a firefighter is a career able or volunteer, years on the job, the cardinal of calls responded to, and adventure type. That abstracts set could advice advisers bigger accept the appulse of smoke assimilation and added job-related dangers that may advance to cancer.
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Dallas Webb, admiral of the Baytown Able Firefighters, IAFF Local 1173, the abutment apery Mahoney and his firefighter colleagues, said if a commune cloister rules in the city's favor, Mahoney would be on the angle for not alone the antecedent workers' advantage claims, but additionally his blight treatments back his diagnosis, potentially costing him hundreds of bags of dollars out of pocket.
Webb said there acquire been a access of blight diagnoses amid his associates and that one firefighter anesthetized abroad from abdomen blight in 2016.
"When you acquire bristles [cancer] cases in the aftermost three years, abnormally back you've had one of our associates die from abdomen cancer, it's actual alarming that the burghal would alike booty this approach," Webb said.
Mahoney, who continues to assignment as a firefighter admitting the lawsuit, said the advancing action has advised heavily on him and his wife. He worries about avengement if the burghal is affected to pay his claims, but that affair is annihilation compared to the abhorrence he has for his colleagues that the hazards of their job will advance to agnate illnesses.
"It makes me wary, abnormally because I'm in a college authoritative role, it makes me actual alert for the bodies beneath me, to accomplish abiding that they're demography the all-important precautions, accomplishing all we can to accomplish abiding we apple-pie our gear, battery appropriate away, apple-pie our equipment," Mahoney said. "It makes you a lot added acquainted of what you can do."
nick.powell@chron.com
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