A Maryland state commission is awarding worker’s compensation to retired Montgomery County firefighters who say their recent heart problems were caused by the stresses of their old job — even if they have a family history of heart disease, smoked for decades and have been retired for more than 20 years.
Associate County Attorney John Beamer, who handles worker’s compensation cases for the county, said such cases from retired firefighters and other public safety officials are common. Ten to 12 firefighters who retired in 1988 have filed worker’s compensation claims because of heart disease they said is related to the stresses of their job. They have been dubbed “the class of ’88” by county employees, Beamer said.
Much of the time the retirees win, Beamer said, despite the fact that “they’re reaching the age where most adult males will have heart problems of some type,” he said.
The county has appealed some of those cases, including a septuagenarian named John Repass who retired in 1994 but was awarded worker’s compensation for a heart surgery 12 years later to correct an abnormal heart rhythm. The county’s doctor said Repass’ condition wasn’t related to his previous job as a firefighter.
“I would expect him to have experienced [abnormal heart rhythm] at times of stress during his employment, not following his employment,” Dr. Allen Nimetz wrote in his report.
But a doctor hired by Repass’ lawyer disagreed, and said that his more than 30 years as a firefighter had had a “substantial” contribution to his heart problems. The state Worker’s Compensation Commission sided with Repass.
Beamer said state law presumes that any heart problems are a result of the stresses public safety employees face on the job, and the county has an uphill battle in fighting those types of cases.
“The burden is ours,” he said.
Exact figures on how much claims from retirees cost were not available, but the county paid more than more than $16.5 million to settle all worker’s compensation claims during the last fiscal year.
In another case the county is appealing, the commission ordered the county to pay nearly $10,000 to another septuagenarian who had heart valves replaced last year. Elmer Mockabee retired in 1988 and used to smoke cigars when he was on-duty at the fire stations, court records show.
Heart-disease related claims are also filed by current employees. One firefighter, Jeffrey Kuhns, won a worker’s compensation claim for a fast heart rate he and his lawyer’s doctor said were caused by the stress of his job. The county’s doctor said Kuhns was born with the problem.
