Tucson Council approves firefighters’ workers' comp claims after months of delay

TUCSON, Ariz. (KGUN) — Tucson City Council voted Tuesday to approve workers’ compensation claims for two firefighters battling adenocarcinoma, a cancer type presumed under Arizona law to be job-related.

Dozens of firefighters filled City Hall for the decision, rallying in support of their colleagues. One firefighter’s claim was first filed last year and the other earlier this year. Both were initially denied, forcing the men to appeal and hire attorneys before the council’s approval.

“They’re doing great, had a full recovery. They’re not showing any signs of cancer,” said Tucson Fire Fighters Association President Clayton Black. “They were initially denied. They filed an extension, and unfortunately, that makes them have to go get a lawyer, pay all these fees out of pocket - the time, the stress, everything on their families.”

Under Arizona Revised Statutes, adenocarcinoma and several other cancers are presumed to be occupational diseases for firefighters and fire investigators if certain conditions are met. That presumption means workers’ compensation should cover related medical costs and time off.

Professional Fire Fighters of Arizona President Dan Freiberg said Tuesday’s show of solidarity was about more than politics.

“We’re not looking to send a message, that's not our intent. We’re not looking to destroy relationships. We’re not looking to do anything other than be there for our brothers,” Freiberg said. “We have two of our brothers [who] are in need and that have a cancer that should be approved. They have claims that should be approved.”

Inside the council chambers, the approval was met with cheers and applause. Firefighters said the move not only reimburses the two men for medical costs and time away from the job but also sets an important precedent for future cases.

“With the state, with the PFFS, we’ll go anywhere that Dan calls us,” Black said. “If Dan says, ‘hey, we need to go to this really small town and take care of stuff,’ we’ll all show up, we’ll be there.”

The two firefighters are now cancer-free and back on duty.