Florida Supreme Court Rules In Favor of Fire Fighter in Hepatitis Case

October 1, 2008 – The Florida Supreme Court ruled September 25 in favor of an Orlando, FL Local 1365 fire fighter in a fight to establish that his hepatitis was contracted on the job. The decision, which will likely have sweeping impact on first responders with HVC and other infectious diseases, comes after nearly eight years of litigation by the IAFF and Local 1365 on behalf of Robert Flamily. Sadly, Flamily died May 22, 2007.

Following his death, Flamily’s daughter continued the battle on behalf of his estate.

Flamily retired from the Orlando Fire Department in 1996 after developing a cardiac condition that made it impossible for him to continue working as a fire fighter. Reluctantly, he took a disability retirement under Florida’s heart/lung bill. At the time of his retirement, the City of Orlando made a settlement of any and all workers’ compensation claims – known or unknown – that Flamily might have.

As part of that settlement, the nature and extent of Flamily’s disability and the cost of future medical care for his work-related cardiac condition were misrepresented to the Court. The judge approved the settlement in the case, and Flamily went into retirement not knowing that a life-threatening disease was already destroying his liver.

When he began to experience severe abdominal pain and jaundice in 2000, he was tested and diagnosed with Hepatitis C. Through Local 1365, Flamily filed a claim with the City of Orlando under a Florida law that HVC was presumed work related in fire fighters. In response, the City denied the claim, maintaining that Flamily had waived all rights “known or unknown” by virtue of his 1996 settlement.

When Flamily filed suit, documents turned over by the City revealed that he had exhibited abnormal liver enzymes in routine physicals as far back as 1978, but had not been advised about the results or treated for the condition. In addition, the City was found to not be in compliance with its own exposure control requirements and had not maintained required documentation of blood exposures. The City attempted to bar Flamily from court based on a fraudulent settlement and insisted that he could not prove his disease was work related because there was no documentation supporting exposure.

In the 2004 trial, the Court ruled that Flamily could not be barred from bringing his Hepatitis C claim by virtue of the 1996 settlement. The judge threw out the 1996 settlement, resulting in a significant monetary award for Flamily. But the judge also ruled that he was not entitled to medical care for his Hepatitis because he could not prove that a specific exposure had resulted in his contracting the disease.

On appeal, the City argued that the judge did not have jurisdiction to throw out the 1996 settlement, and the First District Court of Appeals reversed the trial court decision, reinstating the tainted settlement.

In a rare move, the Florida Supreme Court accepted jurisdiction of the case in December 2006. Oral arguments were scheduled for June 2007, but Flamily’s health worsened and he ultimately died May 22, 2007, just days before his case was to be heard.

More than a year after his death, the Florida Supreme Court ruled in favor of the deceased Flamily. The ground-breaking decision ordered the lower court to consider and rule on awarding benefits for his Hepatitis C to the Flamily family.

"Flamily’s story is emblematic of the common goals and commitments that bind the IAFF and its membership," says IAFF General President Harold Schaitberger. "Flamily’s final call on behalf of his brothers and sisters fighting occupational disease will set a precedent for others who suffer from HVC and other infectious diseases. I congratulate Local 1365 President Steve Clelland for his tireless efforts to ensure Flamily's estate prevailed in this case."