December 29, 2021

Bill to support injured firefighters signed into law | News, Sports, Jobs - The Adirondack Daily Enterprise

An act motivated by the on-duty death last year of a Whitehall firefighter was signed into law Monday by Gov. Kathy Hochul.

The Chief James Brooks Jr. Act adds vascular rupture to the list of injuries covered by the Volunteer Firefighters Benefit Law.

Brooks, the second assistant chief for the Whitehall Volunteer Fire Company, suffered a torn aorta on May 2, 2020, while he was at a structure fire in neighboring Dresden. The 27-year veteran of the fire company was hospitalized for months at Rutland Regional Medical Center and Sunnyview Rehabilitation Center. He died of complications of the injury on Sept. 17, 2020.

The state Workers’ Compensation Board and Benetech Adjustments, Washington County’s insurer, denied coverage on the grounds that the rupture was a preexisting condition. The new law gives vascular ruptures the same presumption of coverage under the Volunteer Firefighters Benefit Law as heart attacks that occur in the line of duty.

Assemby member Carrie Woerner, D-Round Lake, introduced the bill in the Assembly. Assembly member Matt Simpson, R,C,I-Horicon, was a co-sponsor. State Sen. Dan Stec, R,C,I-Queensbury, co-sponsored the bill in the Senate.

The bill passed both houses in June with bipartisan support. Then-Gov. Andrew Cuomo was expected to sign the bill but he became embroiled in scandals that led to his resignation, leaving the bill for Hochul.

“Volunteer firefighters risk their health and lives to help our communities and they deserve the utmost respect and support,” Stec said in a news release. “When Chief Brooks was tragically hurt in the line of duty, the insurance fund for volunteer firefighters should have covered his injuries. The Chief James Brooks Jr. Act ensures his heroism and service are never forgotten, and it ensures that volunteer firefighters who suffer a similar injury receive the benefits and medical coverage they deserve. I’d like to thank Gov. Hochul for signing this essential bill into law and my colleagues for passing this bipartisan measure supporting our volunteer firefighters.”

Kathleen Brooks, James Brooks’ sister, said in June that the bill was supported by other fire departments and community members, and insurance companies had no objections.

In July, the family won an appeal before the Workers’ Compensation Board. Benetech agreed to pay Chief Brooks’ medical expenses, which came to about $1 million. The family also received a death benefit of $50,000, which Kathleen Brooks told The Post-Star would discharge her brother’s outstanding debts. Otherwise, the family stood to lose Brooks’ house, truck and other assets, she said.

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source: https://www.adirondackdailyenterprise.com/news/2021/12/bill-to-support-injured-firefighters-signed-into-law/

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