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Post Info TOPIC: What are your thoughts on Heart Attacks and Workers' Comp?


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What are your thoughts on Heart Attacks and Workers' Comp?


I read this article in the Scranton T/T with great interest this morning.

(article in it's entirety can be viewed at the TT web site
http://www.thetimes-tribune.com/site/news.cfm?newsid=19797632&BRD=2185&PAG=461&dept_id=415898&rfi=6)


Stricken firefighter denied comp claim
BLAKELY A firefighter with the Wilson Fire Company who suffered a heart attack at the scene of a fire has been denied workers compensation.



Assistant Fire Chief William Saxe responded to a 2 a.m. fire at Fiorelli Plaza in Peckville on March 31, where he had a heart attack that left him in critical condition at Community Medical Center. He is now back home, but declined to comment, citing legal matters involving his case.

Blakely officials confirmed Mr. Saxe filed for workers compensation through the borough, but the boroughs insurance carrier, the State Workers Insurance Fund, denied Mr. Saxes claim.

The insurance fund is managed by a state board made up of Sandi Vito, secretary of the Department of Labor and Industry; Joel Ario, the insurance commissioner; and state Treasurer Robin Wiessmann. Officials with the State Workers Insurance Fund declined to comment on the claim.
Now I don't know what you all think about this ... I however do believe that given the nature of the work ... that it ismorelikely than notthat this heart attack is work related. I think that it should be covered. But hell what I think is right is often wrong. Can someone help me understand?
Now ... why in the world is this not covered ... I know that the SFD and the SPD are covered through Heart and Lung rather than workers' comp. Why are not all firefighters covered this way?
Glenn you are a lawyer maybe you can give some legal insight as to why this man is being denied.


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Anonymous

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


Is this really Blakely's responsbility, or is this a "volunteer" organization that only receives some contributions from the borough? The issue is whether or not Blakely, by subsidizing these volunteer fire companies, becomes responsible for their behavior, injuries, and/or criminal acts, if they occur. Olyphant is going to have the same problem someday, with its five volunteer fire departments.

Scranton actually has a full-time, city-established fire company. Blakely does not.

GC


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RE: What are your thoughts on Heart Attacks and Workers' Comp?


Glenn I see what it is you are saying that because this firefighter is a volunteer that Blakely should not be responsible for him ... and I would have to agree with that to a point. But this man suffered a heart attack whild fighting a fire ... I would think that since this occurred at that time that they would be quite responsible for him. Moreso that a paid department actually because these volunteers' put their lives on the line and what do they get in return and when stricken while performing these "volunteer" duties ... well they should be covered by the borough/township/city for whom they are working. Don't you think?

But like I said I am no lawyer ... I don't really know the laws pertaining to this ... but if they want people to volunteer they better start taking care of them ... or guess what ... they won't get anyone to do the job for nothing.

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Scranton Guy

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


This whole things reminds me of why I live in Scranton in first place (well one of the reasons) - paid, professional public safety personnel. That's not to diminish the hard work of volunteers, but whenever someone voluntarily engages in an activity that could be dangerous (like fighting fires) but is also done for the public good, it seems to me that you enter this gray area of responsibility.

Some of the questions I would ask:

- how old was the Assistant Chief?
- how much did he weigh?
- was he in a physical state whereby he could reasonably fight fires?
- did he have heart disease or any similar condition?

I guess what I'm saying is this...and this may sound terse...but if this gentleman (who I do hope fully recovers) was in no condition to do this kind of thing, but yet still did, then I'd question whether or not the municipality should be responsible for his care.




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Member

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


I understand what you are saying ... and it does make complete sense ... if he has a pre existing condition and is out of shape I would have to agree with you that they should not be held responsible ... but if he were in shape and physically capable of doing the job then they should be held responsible as he was providing a service to the community that the community does not otherwise offer.

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Scranton Guy

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


It's a slippery slope, that's for sure. The insurance agent in me (I have a license, but I don't sell insurance...long story) says that this is why insurance was created in the first place.

Regardless, I hope that Assistant Chief Saxe is doing well. Anyone who puts their life on the line for others is to be commended.


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"Hope at least gives you the option of living" - Harry Nilsson


Veteran Member

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


If this man was walking through Blakely and had a heart attack on some side street, no, he could not and should not expect compensation from the Borough.

If he responded to a fire, was suited up in full gear and dropped over while holding a fire hose, then absolutely he should be compensated by the Borough.

edited to add -- Aren't volunteer firemen responsible for the purchase and maintenence of their personal fire gear? If that is the case andMr. Saxe has been a volunteer long enough tohold the title of Assistant Chief, the Borough of Blakely should either fully compensate him or work with his personal insurance carrierfor the duration of his recouperation and/or convalescence - with no questions asked.

-- Edited by Thursday's Child at 10:24, 2008-07-18

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


LusOnlyVoice wrote:

I understand what you are saying ... and it does make complete sense ... if he has a pre existing condition and is out of shape I would have to agree with you that they should not be held responsible ... but if he were in shape and physically capable of doing the job then they should be held responsible as he was providing a service to the community that the community does not otherwise offer.



I have to adjust my thinking on this post ... I do think in shape or out of shape that this man should have been covered if he was injured in the line of duty ... now ... what I do think is this ... if he is out of shape than he should not be allowed to go out on calls ... simple ... there should be a required physical for these volunteers (at the cost of the community) to ensure that they are still physically capable of performing their duties ...





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RE: What are your thoughts on Heart Attacks and Workers' Comp?


I don't know this Mr. Saxe from Adam, but apparently he has been a volunteer fire fighter long enough to have earned the title "Assistant Fire Chief". That goes a long way.

I have said on numerous occasions - every time a fireman or policeman gets called out, he takes his life into his hands and the lives of others depend on his abilities. How many fires has this man reported to and done the job he was trained to do? The Borough should be thankful it wasn't something worse that happened to him, should step up to the plate and kick in for the insurance and thank the man for risking his life each and every time he 'voluntarily' risked his life for the safety of others.

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RE: What are your thoughts on Heart Attacks and Workers' Comp?


Amen! I totally agree

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