Florida court denies cancer benefits for ex-firefighter – Action News Jax

TALLASSAEE, Fla. — An appeals court Friday rejected arguments {that a} 2019 state legislation offering benefits for firefighters recognized with cancer ought to apply to a former Volusia County firefighter.

A 3-judge panel of the fifth District Court of Appeal upheld a circuit choose’s ruling denying benefits to Kathleen Weaver, who was recognized in 2017 with ovarian cancer that she attributed to her work as a firefighter.

Weaver retired in 2012 after working 13 years as a firefighter for the county, in keeping with Friday’s ruling. State lawmakers in 2019 handed a measure that offered benefits to firefighters who’re recognized with varied sorts of cancer, together with ovarian cancer.

Those benefits embody one-time funds of $25,000 and full protection of cancer remedy, Friday’s ruling mentioned. Previously, firefighters wanted to file staff’ compensation insurance coverage claims in the event that they thought cancer diagnoses had been linked to their jobs.

Weaver requested that Volusia County present the benefits included within the 2019 legislation. But a key situation within the case concerned whether or not the legislation ought to apply retroactively to folks recognized earlier than the measure took impact.

A circuit choose dominated that the legislation was not retroactive, and the appeals court agreed.

“The text of (the section of state law) does not provide for retroactive application, nor does the section contain any textual clues to support such an application,” mentioned Friday’s nine-page determination, written by Judge Mary Alice Nardella and joined by Judges Jay Cohen and F. Rand Wallis.

[SIGN UP: Action News Jax Daily Headlines Newsletter]

Click here to obtain the free Action News Jax news and climate apps, click here to obtain the Action News Jax Now app for your sensible TV and click here to stream Action News Jax stay.