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  #1  
Old 08-31-2009, 12:51 AM
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Unhappy

Pleasse help!!!


What is the name of your state (only U.S. law)? Missouri

Hi everyone, Thanks in advance for the help. I am still hurting pretty bad but not recieving proper help from the city that my father died for. Here's the case:

My Father was a fire fighter that died in the Line of Duty at work putting out a fire. They determined that it was a from of a heart attack. Although he was very...healthr, in great shape worked out everyday he was diagnoised with heart issues a while back when he was working as a firefighter. it was until after he was a firefighter that he started having heart issues. Studies show and the Cheif even said that may be linked to going from really calm and relax to suddenly up rushing to emergencies. Nevertheless, after being diagnoised with high blood pressure he spent some time off but months later he was asked to come back to work. )Years later) It was weeks before he died he had the firefighter annual physical in which he passed. They are supposed to do a very extensive physical due to the quick nature of the job. However, we were denied workmans comp,does this sound right? What can we do. We have been given an attorney by the city but I feel as if we are being Pacified, because he does not contact us, and we have not heard anything about it, and he never calls us back. I am really discouraged. Please help me?
  #2  
Old 08-31-2009, 03:57 AM
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Quote:
Originally Posted by hurtndistressd View Post
What is the name of your state (only U.S. law)? Missouri

Hi everyone, Thanks in advance for the help. I am still hurting pretty bad but not recieving proper help from the city that my father died for. Here's the case:

My Father was a fire fighter that died in the Line of Duty at work putting out a fire. They determined that it was a from of a heart attack. Although he was very...healthr, in great shape worked out everyday he was diagnoised with heart issues a while back when he was working as a firefighter. it was until after he was a firefighter that he started having heart issues. Studies show and the Cheif even said that may be linked to going from really calm and relax to suddenly up rushing to emergencies. Nevertheless, after being diagnoised with high blood pressure he spent some time off but months later he was asked to come back to work. )Years later) It was weeks before he died he had the firefighter annual physical in which he passed. They are supposed to do a very extensive physical due to the quick nature of the job. However, we were denied workmans comp,does this sound right? What can we do. We have been given an attorney by the city but I feel as if we are being Pacified, because he does not contact us, and we have not heard anything about it, and he never calls us back. I am really discouraged. Please help me?
Are you able to prove that the heart condition was a result of his job?

What was his prior health history?
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  #3  
Old 08-31-2009, 04:18 AM
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hi


his health was great, no serious health issues at all and they had his health records to prove it. they have even stated on record in the media just how healthy he was, his own Chief admitted it. There is also related and various research is being done on the relation of firefighters and heart attacks. firehero.com, I think it is a given. Govt also is researching that, firefighters and heart health. However, the reason I feel we deserve work comp is because they tested him in a physical and said he was healthy and able to work. Thanks for you response
  #4  
Old 08-31-2009, 05:40 PM
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Many states have a case law presumption regarding heart disease and fire fighters--usually related to the taxability of disability payments. See an attorney. I don't know if Missouri is one of those states and, if so, if it would apply to worker's compensation, but it would be worth an hour of an attorney's time to find out.
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  #5  
Old 08-31-2009, 05:56 PM
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Originally Posted by tranquility View Post
Many states have a case law presumption regarding heart disease and fire fighters--usually related to the taxability of disability payments. See an attorney. I don't know if Missouri is one of those states and, if so, if it would apply to worker's compensation, but it would be worth an hour of an attorney's time to find out.
I am going to redact the entire post and offer my sincerest apologies. I couldn't have been more wrong! (and thank you tranquility)

This may help you, OP:

[url=http://www.iaff.org/hs/phi/state/missouri.asp?callingPage=Heart]Presumptive Disability Law in Missouri[/url]

[quote]Notwithstanding the provisions of any law to the contrary, and only for the purpose of computing retirement benefits provided by an established retirement plan, after five years' service, any condition of impairment of health caused by any disease of the lungs or respiratory tract, hypotension, hypertension, or disease of the heart resulting in total or partial disability or death to a uniformed member of a paid fire department, who successfully passed a physical examination within five years prior to the time a claim is made for such disability or death, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the line of duty, unless the contrary be shown by competent evidence.
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #6  
Old 09-07-2009, 03:07 PM
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Thank you


I sincerely thank you both for your help.

God Bless
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