Appeal in Philadelphia firefighter cancer comp claim turned down

A Pennsylvania appellate court turned down an appeal by the City of Philadelphia in a case involving a firefighter who was diagnosed with kidney cancer that he claimed was work-related.

The Commonwealth Court on Thursday declined to overturn a workers compensation claim for Joseph Healey, who began working for the Philadelphia Fire Department in 2003 and was diagnosed with cancer in 2016.

Mr. Healey filed for comp benefits in 2019 but the city, as employer, contested causation, arguing the cancer was not occupationally caused.

One of the cancer-causing chemicals Mr. Healey claims he was exposed to, trichlorethylene, was not initially listed as a Group 1 carcinogen, according to the International Agency for Research on Cancer, but it was later added when Pennsylvania revised its comp law.  

The city argued the IARC’s subsequently adding chemicals to Group 1 carcinogens as comp presumptive was an unconstitutional delegation of the lawmakers’ legislative authority.

The claim was ultimately approved with a finding that Mr. Healey proved his cancer was work-related.

The appeals court disagreed with the city, determining a claimant doesn’t automatically receive benefits because the IARC listed a chemical as a Group 1 carcinogen, and that an injured worker still must prove they were exposed to the substance and that the substance is linked to cancer.