Deceased Springdale firefighter's case gets new review

Harold W. “Bud”  Planchon sits in his Fayetteville home in November 2012. Planchon retired from the Springdale Fire Department in 2011 after more than 24 years and was denied duty-related disability benefits for his cancer. He died in 2014. A state appeals court reversed a fire and police pension board Tuesday and sent Planchon's case back for a different decision.
Harold W. “Bud” Planchon sits in his Fayetteville home in November 2012. Planchon retired from the Springdale Fire Department in 2011 after more than 24 years and was denied duty-related disability benefits for his cancer. He died in 2014. A state appeals court reversed a fire and police pension board Tuesday and sent Planchon's case back for a different decision.

FAYETTEVILLE -- A state appeals court reversed a fire and police pension board Tuesday and sent the case of a former Springdale firefighter who was denied duty-related disability benefits for his cancer back for a different decision.

The Arkansas Local Police and Fire Retirement System board found Harold W. "Bud" Planchon failed to prove a causal relationship between his disability, which was colon cancer, and his employment as a firefighter. The board awarded nonduty related benefits.

The type of cancer Planchon had, adenocarcinoma, is recognized by law as work-related for firefighters in 33 states including every state bordering Arkansas, except Mississippi. The breathing of fumes from diesel engines and from burning chemicals increases the risk of colon cancer, those states said.

The work-related status entitles affected firefighters to greater health and pension benefits in those states.

The Arkansas Court of Appeals ruled the board used an incorrectly strict standard to decide whether Planchon's work environment, specifically his exposure to carcinogens, was related to his disease.

The board found Planchon failed to establish a definite causal relationship between his work environment and the cancer despite several doctors' opinions saying exposure to carcinogens was the cause. The board contended the opinions only drew a conclusion based on statistical information.

"We agree that the board required more than the statute requires in terms of proof of causation," justices wrote in their opinion. "According to the statute, Planchon had to show that his disability, meaning his cancer, had 'arisen out of and in the course of' his employment."

The court said "arisen out of" generally means that one must show a causal connection.

Planchon died in April 2014. His widow, Jane, appealed the board's ruling, as executor of the estate. Planchon was a Springdale firefighter from the spring of 1987 until he retired in 2011. He was diagnosed with colon cancer in 2009.

At stake in the case are greater benefits for Planchon's wife, two stepsons and daughter if his condition is determined to result from service in the line of duty. Besides greater benefits, his daughter could be entitled to have her college tuition paid by the state. The case could also set a precedent for future firefighters.

NW News on 10/27/2016

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