Oklahoma Supreme Court Upholds Presumption Rights

April 10, 2009 – After a nearly three-year battle with the city of Edmond, Oklahoma, Edmond Local 2359 fire fighter Tim Vernon is now receiving workers’ compensation benefits for the cancer he contracted on the job.

In a last ditch effort to deny Vernon benefits, city officials petitioned the Oklahoma Supreme Court to review earlier rulings in his case. The court denied the review, effectively returning Vernon his benefits.

“The court’s decision is very good news,” says IAFF General President Harold Schaitberger. “These presumptive laws are put in place so that if our members get sick on the job, they can concentrate on getting better. They should not have to worry if they are going to be able to keep their jobs or their medical coverage.”

An Oklahoma state law presumes that the dangers of fighting fires can cause illnesses such as cancer or heart or lung problems. Therefore, employers cannot deny fire fighters benefits unless the employer can prove the fire fighter contracted the illness off the job.

“This really is a precedent-setting case,” says IAFF 11th District Vice President Sandy McGhee. “This means not only must Edmond adhere to the state law, but all Oklahoma cities must also comply.”

Local 2359 fire fighters John Werhun (left) and Tim Vernon.

The local hopes that the ruling will prevent another Local 2359 member – John Werhun, who was diagnosed with stage 4 colon cancer in July 2008 -- from having to go through the same drawn-out process Vernon did.

Vernon, 45, was diagnosed July 2006 with stage 4 colon cancer. He followed procedure and filed an “accident on duty” claim. He was later contacted by the city, notifying him that it was its position that his case did not fall under the conditions of the state presumptive law. The city believed that he could have contracted cancer off the job.

After receiving the notice, Vernon took legal action. The case went to court three times, and each time, the presiding judge found in his favor. After the third ruling, the city had no other recourse but to petition the Oklahoma State Supreme Court to review the case. The Supreme Court denied the review.

“When you get the news that you have cancer, it feels like your days are numbered,” says Vernon. “That is hard enough. One of the keys to surviving cancer is a positive attitude. When you have to wage a three-year legal battle, it is hard to maintain that positive attitude.”

He continues, “But I never gave up the fight because I wasn’t just doing this for myself; I was doing this so that others wouldn’t have to.”