Rally supports Goodyear firefighter with cancer who is appealing workers' comp denial

Firefighters from Arizona and around the country are spotlighting the case of a Goodyear firefighter with cancer who repeatedly has been denied workers' compensation payments.

Gilbert Aguirre was first diagnosed with chronic myeloid leukemia in May 2015. CopperPoint Insurance Companies, the workers' compensation carrier for the city of Goodyear, has denied his claims that the cancer is work-related.

The case has moved over time from the insurer to the Industrial Commission of Arizona to the court system.

Aguirre's colleagues are fighting with him as he continues his years-long quest. On Wednesday morning, firefighters from around the state and country rallied in front of CopperPoint's headquarters in Phoenix, calling for the company to grant his claim. The rally was organized by the United Goodyear Firefighters.

Cancer is a leading cause of death among firefighters, with research showing that they are more disposed to certain kinds of cancer than the general public.

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Aguirre sought to prove that his cancer could have been caused by exposure to toxins during his long career as a firefighter.

The case will be heard Tuesday by the Arizona Court of Appeals.

Aguirre's claim not covered under 2021 change in law

Under state law, firefighters can receive workers' compensation for cancers that are thought to be related to the toxins that firefighters are exposed to on a regular basis. Leukemia is one of those cancers, but chronic myeloid leukemia is not.

A 2021 change in state law makes it easier for firefighters to get workers' compensation for cancer — they no longer have to prove that the cancer was caused by work-related toxins. But the bill doesn't contain a retroactivity clause, and Aguirre was diagnosed in 2015.

CopperPoint declined an interview with The Arizona Republic, but issued a statement saying the company has paid more than $59 million in benefits to first responders, including for cancer-related claims.

All decisions are made in accordance with "all relevant Arizona law," the statement reads.

“Claims that are disputed are sometimes adjudicated by the courts, as is the case with Mr. Aguirre and his appeal. While we cannot discuss the particulars of this pending legal matter and complex legal issues Mr. Aguirre has raised, CopperPoint will respect the will of the courts. CopperPoint will continue to pay all valid claims, and remains committed to Arizona and the Arizona employers and workers we serve," reads the statement.

'It's really punishing this family'

Edward Kelly is president of the labor union International Association of Firefighters.

He said CopperPoint is denying Aguirre the benefits he earned as a firefighter.

"It's really punishing this family, and it's wrong," he said.

Through many battles over cancer coverage over the years, Kelly said CopperPoint has consistently denied firefighters the needed coverage. The medical examiners the company employs often don't have any record of decisions favoring a firefighter, Kelly said.

Austin Peck, a Goodyear firefighter, died from cancer complications in 2019. Peck's workers' compensation claim was never approved.

Several members of Peck's family were present at the rally.

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His cousin, Kendal Dold, said she was there to support the community. She comes from a family of firefighters, with both her husband and father being firefighters.

"We need to support them because they're the first one to be there for us — running into buildings, taking care of medical emergencies. And we need to do what's right," Dold said.

Aguirre said he was grateful to everyone who attended the rally.

Aguirre recalls sitting at his computer, trying to pull up records of calls from the past 15 years to bring to his insurance company while vomiting into a bucket because he was so sick. While he should have been focusing on his health, he had to battle his insurance company to get the treatment covered.

And the physical symptoms are only one aspect of cancer, said Aguirre: his diagnosis also took a mental toll on him and his family.

When Aguirre first started treatment, his youngest son was in kindergarten.

"He didn't want to go to school because he thought that while he was gone at school, I was going to die," Aguirre said.

Goodyear: Decision on Aguirre's claim is out of its hands

Goodyear cannot reverse any decisions made by the Industrial Commission of Arizona or CopperPoint, the city said in a statement to The Republic.

"CopperPoint is a third-party insurer contracted by the city at the time of the claim to evaluate, manage and adjudicate cases. The city relies on the judicial process as a system of checks and balances to ensure claim decisions are processed in accordance with the applicable statutes," reads the statement.

"Gilbert is covered through the city’s health insurance and the city will continue to work with him to make accommodations for things like shift work assignments, when able.

"He serves on the Goodyear Fire Department’s design committee for new fire stations and trucks to protect firefighters from exposure to carcinogens from fires. This is part of a larger city effort and commitment to enhance decontamination efforts through new innovative design and smart practices," the statement says.

"The city is heartbroken over the serious health challenges that Gilbert has faced, and we are committed to helping him as best we can through this difficult process."

The case will head to court next week

Brian Moore is the vice president of member benefits for United Phoenix Firefighters Local 493, an association of professional firefighters in the Valley. He's also the workers' compensation cancer coordinator for the Professional Firefighters of Arizona, a state organization.

Aguirre's case is going to the Arizona Court of Appeals next week, but at any point, CopperPoint could decide to accept the claim and shut down the court case, Moore said.

Moore added that he hopes that continued research into the risks of firefighting will ultimately cause cancer rates to decline. There is now more information on how to clean gear properly and take more preventive measures, he said.

"But in the meantime, we've got to take care of our guys that are going into the fires on a daily basis," Moore said.

Despite his long battle with both cancer and CopperPoint, Aguirre still loves his profession.

Aguirre's 17-year-old son died in a car crash in February, and he said the first responders who responded to his son gave him an even greater appreciation for the profession after being on the other end.

"You're there for somebody's worst day, and you want to make a positive change," Aguirre said.

Reach the reporter at ahardle@gannett.com. Follow her on Twitter: @AlexandraHardle.

This article originally appeared on Arizona Republic: Rally promotes workers' comp claim of Goodyear firefighter with cancer