Pennsylvania Supreme Court holds that for purposes of filing a § 108(r) firefighter cancer claim, § 301(f)’s requirement the claim be made within 600 weeks after the last date of employment controls.

The claimant was a firefighter for the employer for 29 years, retiring in September of 2006. In 2015, he was diagnosed with kidney cancer. In 2016, he filed a claim for workers’ compensation benefits, alleging that his cancer was caused by exposure to a carcinogen (recognized as a Group I carcinogen by IARC during his time as a firefighter). A Workers’ Compensation Judge found in favor of the claimant and awarded benefits. 

The employer appealed to the Appeal Board, which affirmed and rejected the employer’s argument that the claimant’s claim was barred by § 301(c)(2) of the Act, which requires the death or disability to occur within 300 weeks of the last date of employment in an occupation that exposes the claimant to the hazard at issue. According to the Board, § 301(f) states that claims filed pursuant to cancer suffered by a firefighter under § 108(r) may be made within 600 weeks after the last date of employment in an occupation or industry to which a claimant was exposed to the hazards of disease. On appeal, the Commonwealth Court agreed with the Board’s interpretation of § 301(f) of the Act and held that the claim was timely.

On appeal to the Supreme Court, the employer argued that no injury, including § 108(r) firefighter cancer claims, may be covered under the Act unless the disability or death from the occupational disease manifests within 300 weeks from the last date of employment under § 301(c)(2) of the Act. The court disagreed and dismissed the employer’s appeal. The court interpreted § 301(f) of the Act, finding it to be unambiguous with a clear intent to separate § 108(r) firefighter cancer claims from § 301(c)(2) operation. According to the court, the General Assembly removed § 108(r) claims from the application of the § 301(c)(2) 300-week requirement in favor of the 600-week limitation created in §301(f). 
 

_{What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}