Pasco Fire Union Fights County To Get Cancer Benefits For Firefighter

PASCO COUNTY, FL — Dressed in yellow Local 4420 Firefighters Union T-shirts, dozens of firefighters attended this week's Pasco County in support of a fellow firefighter who has been denied benefits by the county after being diagnosed with invasive skin cancer.

Dixon Phillips, the representative for Local 4420, chided the commission for failing to provide the Pasco firefighter of more than 20 years the benefits he's due under the 2019 state statute known as the Firefighter Presumption Bill.

"This firefighter has served the county more than 20 years. He's revived dead children. He has saved your husbands, your wives, your neighbors. He has made more sacrifices to the citizens of this county than all of you combined," Phillips told commissioners Tuesday. "And due to his dedication and service, a street was even named after him in Wesley Chapel. But all the things he's done and all the people he's saved don't mean a thing to any of you if you don't do what is right."

Under the state statute, firefighters on the job for more than five years who develop 21 different forms of cancer are entitled to reimbursement of any out-of-pocket medical expenses and a one-time cash payout of $25,000 upon their diagnosis.

Invasive skin cancer is listed as No. 7 on the list of eligible cancers. However, Pasco County denied the claim, maintaining that the state statute is vague regarding skin cancer.

"This employee was diagnosed with invasive skin cancer over a year and a half ago and this union had contended with this county in good faith to get this member his benefits, but to no avail," Phillips said. "The validity of his claim has never been questioned. This county just doesn't believe that invasive skin cancer is worthy of acknowledgement.

Phillips said cancer is the most dangerous threat to firefighter health and safety today. From 2002 to 2019, cancer caused 66 percent of firefighter line-of-duty deaths. He said firefighters have a 14 percent greater chance of dying of cancer than the general U.S. population.

While he commended Pasco County Fire Rescue in being a leader in cancer prevention for firefighters, dedicating millions of dollars to the fire department's decontamination program including purchasing a mobile decontamination unit, he said denying the firefighter these benefits is a slap in the face to all firefighters.

"Cancer patients are already in the biggest fight of their lives, and now they have to fight you, too," he told commissioners. "How dare you. This is not just an attack on every firefighter in Pasco County, it's an attack on every firefighter in the state of Florida."

Because the legal action involves a labor issue, County Attorney Jeff Steinsnyder said the county hired outside legal counsel to handle the suit.

He said the reason for denying the firefighter the payout under the state statute is due to the way the statute is written, not the need of the firefighter.

"The problem with this case is the law really is unconstitutionally vague in terms of what this really was designed to mean," he said.

Commissioner Jack Mariano said the vagueness of the statute shouldn't be a reason to deny a longtime firefighter benefits.

"I'm going to say I think this board should be directing us to settle this thing instead of hiring outside attorneys," he said. "The information very clearly says the intent of the Legislature was to take care of these guys, especially one who's served 20 years. Let's pay the man and get on with it."

His motion was seconded by Commissioner Christina Fitzpatrick.

"It's up to the board if they wish to direct me to have outside counsel settle," Steinsnyder said. However, he urged the commission to at least hold a planned litigation mitigation meeting in two weeks with outside counsel first.

Commission chairwoman Kathryn Starkey agreed, noting that the county has already retained outside counsel and should at least hear what they have to say first.

"We shouldn't break precedent and discuss it here instead of in a mitigation meeting," she said. "I'm going to order the county attorney not to discuss litigation issues here. It's an important issue and I care about every firefighter, but we need to listen to outside counsel."

Commissioner Mike Moore proposed a compromise, urging commissioners to speak individually with Steinsnyder during the commission's lunch break and then return at 1:30 p.m. to decide the issue "instead of waiting two or three weeks to talk to outside counsel."

However, the majority of commissioners opted to wait until the litigation mitigation meeting with outside counsel before making a decision.