A Pennsylvania appeals court has ruled against the city of Chester in its appeal of a workers’ compensation award for a former firefighter who developed cancer.
The Commonwealth Court on Thursday announced a verdict in the case of City of Chester v. John Gresch and Nether Providence Townshipdecide mr. Gresch was duly awarded medical and indemnity benefits after being diagnosed with kidney cancer.
Gresch worked as a city firefighter for 37 years and took a position as fire marshal with nearby Nether Providence Township in 2015 after he caught fire.
A compensation judge approved benefits for Gresch and denied a petition by the township that disputed liability, concluding that the township was not responsible for the cancer because Mr. Gresch contracted the disease related to his decades-long firefighting career in the city.
The city argued that the township was partially liable because it was the newer employer that exposed Mr. Gresch for carcinogens. The cancer diagnosis came two years after Mr. Gresch was employed by the municipality.
In its ruling, the appeals court said Gresch was exposed to only six or seven fires while employed by the municipality, and that his fire watch duties did not involve active firefighting. In contrast, the court wrote, Gresch responded to 1
2 fires per month while employed by the city over a 37-year period.Source link
