Since Maine lawmakers created a presumption that cancer is compensable for firefighters, nearly all cancer claims filed by firefighters were initially denied, according to a report by WMTW, an ABC affiliate in Portland.
What's more, just over one-third of firefighters who have filed cancer claims since the presumption was created in 2009 have received any workers' compensation benefits, according to the report.
Former Gov. John E. Baldacci in July 2009 signed a law creating a presumption that cancer arose from employment for firefighters with at least five years of experience. Firefighters must also sign a written affidavit declaring to the best of their knowledge that the diagnosed cancer is not prevalent among "blood-related parents, grandparents or siblings" and that the firefighter has no substantial lifetime exposures to carcinogens associated with the diagnosed cancer other than through work.
WMTW reports that 98% of firefighter cancer claims — 52 out of 53 — were initially denied since the law took effect in September 2009, and about 35% of firefighters who filed claims — 34 out of 53 — have received benefits.
WMTW reports that Christopher Cotnoir, a former deputy senior staff attorney for the Workers' Compensation Board, said firefighters are being forced to sign affidavits about family history that go beyond what is required by law.
“We’re talking about uncles and aunts, grandparents and stuff," he said.
Cotnoir reportedly said the current process for firefighters is not consistent with the goals of workers' compensation.
“Rather than look for ways to deny the claim, the insurance companies should be looking for ways to pay the claim,” he said.
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