PHOENIX — An Arizona firefighter’s effort to secure workers’ compensation for a rare brain cancer diagnosis hit a legal roadblock after the state’s highest court ruled against applying a more favorable law to his claim.
Robert Vande Krol, a veteran firefighter with the Superstition Fire and Medical District, was diagnosed with oligodendroglioma in 2020. He filed for workers’ compensation in January 2021, but Benchmark Insurance, the fire district’s insurance provider, denied the claim.
How Did the Case Reach the Arizona Supreme Court?
Vande Krol challenged the denial, and an administrative law judge upheld the decision based on a 2017 Arizona lawthat set a high standard for proving occupational cancer cases.
However, the Arizona Court of Appeals later sided with Vande Krol, ruling that a 2021 statute, which makes it easier for firefighters to establish a work-related cancer diagnosis, should apply to his case.
Last week, the Arizona Supreme Court overturned that ruling, stating that the 2021 law was not in effect when Vande Krol filed his claim and did not include language allowing it to be applied retroactively.
What Happens Next?
The case now returns to the Arizona Court of Appeals, which must determine if the administrative law judge correctly applied the 2017 law when upholding the initial denial of Vande Krol’s claim.
