Workers' Compensation for Firefighters and Paramedics after Retirement

Firefighters and paramedics can obtain Workers' Compensation benefits for heart attacks suffered after retirement.

In the recent case of Montgomery County v. Austin A. Perone, the Court of Special Appeals ruled that a firefighter's claim for Workers' Compensation benefits arising from a heart attack was not barred simply because the heart attack occurred two years after his retirement. As long as the individual's claim was filed within two (2) years from the date when the individual learned that he had sustained an occupationally related cardio-vascular injury, he could still file a claim even though he was no longer employed as a firefighter. The Court reasoned that it made no sense to provide a presumption of compensability to an active firefighter who had only been exposed to one year of job stress and noxious fumes while denying it to a retired firefighter who had experienced the same occupational hazards for more than twenty-eight years.

This is a very important ruling. Firefighters who retire after a lengthy career, should monitor their cardio-vascular status and, if they experience problems within a reasonable period of time following retirement, a claim should be filed.