An Apology to Ron and Angie

Ron Erbel at ground zero after the attacks on the World Trade Center on Sept. 11, 2001. Erbel and a colleague await a Council decision on compensation for their cancer diagnoses. (Ron Erbel via Key News)

Ron Erbel was one of five Key Biscayne firefighters who deployed to New York City in the immediate aftermath of the 9/11 World Trade Center disaster, to help with the rescue and recovery effort.  Later, Ron contracted prostate cancer, one of the identified high-risk cancer outcomes affecting the first responders who toiled in the World Trade Center rubble. Prostate cancer is also listed among 21 types of cancer that are associated with firefighter exposure in the workplace.  Last year, I was asked to provide pro-bono assistance to Ron in dealing with the compensation issues he was facing after his cancer diagnosis. 

Ron received medical treatment under the World Trade Center program but has not been eligible for lost time compensation as firefighter cancer is not covered under the Florida workers’ compensation law. Earlier this year the Florida Legislature passed a Firefighter Cancer statute that provides for payment of benefits to those firefighters who have been diagnosed on or after July 1, 2019, with one of the 21 types of cancer associated with firefighter workplace exposure. The new Florida law does not cover those who were diagnosed before July 1, 2019. Ron, who retired this summer, and Angela Herrera, are two Key Biscayne firefighters who were diagnosed with active cancers before July 1, 2019, and are therefore not eligible for the protections provided for in this new piece of legislation.

In the KBFD as in other fire services, firefighters frequently help their colleagues not be docked for sick time by volunteering to work their shifts when they are out ill. This practice, called shift exchange, has been determined to be permissible under the Fair Labor Standards Act. The result is that firefighters who work another’s shift are effectively gifting the money value of the time worked to their ill colleague. Payback may happen but is not required. Accordingly, the KBFD employees who trade shifts are effectively providing the sick benefits personally, as opposed to benefits provided by the Village.

In collaboration with the Village Manager, Mayor Davey, Chief Lang, our Village law firm and others, we worked on possible fair compensation plans to help Ron and Angela recover some of their lost time because of their active cancer illness that was diagnosed before July 1, 2019. Our goal was to seek a fair fix for these two firefighters. We recognized that Key Biscayne firefighters with an active cancer diagnosis after July 1, 2019, would be eligible for the new state benefits. After much consideration we moved forward with a simple proposal that would apply the provisions of the new law to Ron and Angela despite their diagnoses before July 1, 2019. It was a simple fix. The Village Manager’s office concurred with the approach, the mayor agreed, the Village attorney approved a draft resolution and a number of other council members also agreed to support the proposal, which simply places Ron and Angela within the benefit conferred by the state statute, without being penalized because of the July 1, 2019, cutoff date.

Unfortunately, the proposed resolution has been delayed for over four months. There now appears to be some opposition to this measure unless a group of three other Key Biscayne firefighters who were diagnosed and treated before the cut-off date and who are currently in remission are also included in the resolution.  It is not clear at this stage what the Village government intends to do in moving forward with the benefit for the two firefighters with active cancers.

The agreed upon proposal was conceived as a remedy for a very unfortunate situation for two of our firefighters needing some relief because they aren’t eligible for the benefits under the state statute. Frankly, the three additional cases fortunately in remission are not without some merit, even though they are not recent cancer cases. In the end, the real question is what  our Village elected officials are willing to do to make whole the men and women who protect us by conferring economic benefits for firefighter who develop any of the 21 cancers that are otherwise not covered by the State workers’ compensation laws.

It is now time for the Village to put the resolution of this matter front and center and let everyone know that a decision has been made.  Workplace illness is a serious matter. The fact that the statute lists 21 cancers that pose a high-risk to firefighters tells us not to put our heads in the sand. Every day that our firefighters put on their uniforms and come to work to protect us they expose themselves to health risks greater than others face. It’s our patriotic responsibility to take care of them when all other resources have been exhausted. 

It’s time for our Village Council to make a decision and it’s time for the rest of us to let them know that we expect those covered by the proposed resolution not to be penalized because of the State’s cutoff date. My apologies to Ron and Angela for the delay in getting this resolution adopted and bringing the matter to a positive outcome for them. I’m counting on everyone who reads this to raise a hand and let our elected leaders know that we need to respect these workers who put their lives on the line for us.