FAYETTEVILLE -- A state appeals court reversed a fire and police pension board Tuesday and sent the case of a deceased Springdale firefighter who was denied duty-related disability benefits back for a different decision.
The Arkansas Local Police and Fire Retirement System board found Harold Planchon failed to prove a causal relationship between his disability, which was colon cancer, and his employment as a firefighter. The board awarded nonduty-related benefits. Planchon died in April 2014.
His type of cancer, adenocarcinoma, is recognized by law as work-related for firefighters in 33 states, including every state bordering Arkansas except Mississippi. The breathing of fumes from diesel engines and from burning chemicals increases the risk of colon cancer, those states said.
The work-related status entitles affected firefighters to greater health and pension benefits in those states.
The Arkansas Court of Appeals ruled that the board used an incorrectly strict standard to decide whether Planchon's work environment, specifically his exposure to carcinogens, was related to his disease.
The board found that Planchon failed to establish a definite causal relationship between his work environment and the cancer despite several doctors' opinions saying exposure to carcinogens was the cause. The board contended that the medical opinions only drew a conclusion based on statistical information.
"We agree that the board required more than the statute requires in terms of proof of causation," the appeals court opinion said. "According to the statute, Planchon had to show that his disability, meaning his cancer, had 'arisen out of and in the course of' his employment."
The court said "arisen out of" generally means that one must show a causal connection.
Planchon's widow, as executor of the estate, appealed the board's ruling. Planchon was a Springdale firefighter from the spring of 1987 until he retired in 2011. He was diagnosed with colon cancer in 2009.
At stake in the case are greater benefits for Planchon's wife, two stepsons and daughter if his condition is determined to result from service in the line of duty. Besides greater benefits, his daughter could be entitled to have her college tuition paid by the state. The case could also set a precedent for future firefighters.
Metro on 10/30/2016