North Texas firefighters say workers' comp coverage for cancer cases is battle

Fort Worth Fire Captain Brandon Rodriguez has spent the past three years battling terminal brain and throat cancer. 

Despite his suspicion that his cancer diagnosis could be traced back to his 29 years of fighting fires, his disease was not covered by workers' compensation insurance. He said this has cost him tens of thousands of dollars worth of both money and sick time.

After years of putting his life on the line for the city, he said this situation has left him feeling let down and frustrated by a system he and others describe as broken. 

The CBS News Texas I-Team has been investigating complaints from first responders who say they have struggled to get workers' compensation claims approved after getting hurt on the job. The issue was highlighted after the family of Fort Worth firefighter Caleb Halvorson said he had issues with delays and denials for therapy and surgery. Halvorson was part of a crew responding to a house fire when the home's garage collapsed around him, leaving him crushed and his body covered in burns. 

Dozens of firefighters across North Texas said they faced similar issues after on-the-job injuries. But as challenging as these cases can be, the I-Team found the fight for workers' comp when a firefighter is battling cancer can be even more complicated. 

What's covered under state law?

Research shows firefighters face a significantly higher risk of cancer due to their exposure to carcinogens. Texas has what's known as a "presumptive law," meant to protect them. 

The law presumes certain cancers are job-related and should be covered by workers' compensation. Under the presumptive law, 11 cancers are covered, but firefighters diagnosed with other types can still submit a workers' comp claim if they can prove the disease was caused on the job.   

But in interviews with the I-Team, several North Texas firefighters said they were immediately denied for cancers both on and off the presumptive list. 

Rodriguez's cancer is on the presumptive list, but since receiving his denial for workers' comp, he has decided to focus on spending time with his family, rather than continue fighting for coverage.

Pattern of complaints

Rodriguez believes his cancer dates back to the July 2005 Valley Solvents & Chemical Company explosion and fire. The fire spewed for hours, sending toxins and smoke into the air.

Rodriguez was a member of a responding crew. He says today, he and many others who were there are now dealing with health issues that he says Fort Worth knew they would battle. 

"The city [knew] cancer is going to be an issue in the future, and they wanted to track it. Now the frustrating part is they wanted to track it, but did they don't want to cover it," Rodriguez said.

28-year veteran Fort Worth firefighter Troy Clark also fought the Valley Solvents fire. He was diagnosed with prostate cancer, another cancer on the presumptive list. 

"It seems like we're all getting denied," Clark said. "It was heartbreaking to hear that this job that I loved for 20 years at the time and devoted my life to, they just told you no." 

Firefighters helping their own

Last October, doctors diagnosed Fort Worth Firefighter Todd Brook with Stage IV pancreatic cancer. With decades of exposure to carcinogens and no hereditary or other risk factors, he believes his cancer is work-related.

"It's a job I've done 30 years and I feel like somebody needs to do something right," Brook said.

Brook and many others have turned to Robert Webb and Mark Ware, two retired firefighters who also fought cancer and workers' comp.

In 2015, 10 years after Texas passed a law to help firefighters get cancer claims covered, Webb became the first firefighter in the state to win presumptive coverage. 

Recognizing how complicated the system is to navigate, the pair formed the Cowtown Cancer Coalition to help others. Based on the group's research, two-thirds of firefighters gave up after being denied a claim, just like Rodriguez.

Webb and Ware said insurers, third-party administrators, and the North Texas cities that hire those companies are to blame for the issues with the system.

"What's the firefighter's job? To be with a stranger, to be with a resident that they serve on the worst day of their life," Ware said. "And then the day that it's the firefighter's worst day of their life, when they get that cancer diagnosis, they're like, 'Sorry, it's not our problem.'"

Response from the city

In a statement to the I-Team, the City of Fort Worth said: 

"The City remains committed to open communication and the well-being of all employees. We will continue to engage in interactive discussions and actively monitor claims to ensure employees receive the support they need while in recovery. As we previously shared, the City is hiring two (2) additional personnel that will be dedicated to claims navigation for our first responders who sustain work-related injuries/illnesses."

Fort Worth added those two positions following outrage over Caleb Halvorson's story, the Fort Worth firefighter who claimed he had delays in care due to initial workers' comp denials. The city went on to say: 

"Any claims or denials for work-related injuries or illnesses would be based on medically supported determinations. The state provides the framework for these processes, which the City follows."

Efforts to improve the system

When a city employee is injured or is diagnosed with cancer believed to be work-related, a claim is filed with the city's insurance carrier, which then determines whether care is approved.

If a claim is denied, it can be appealed through the Division of Workers' Compensation, part of the Texas Department of Insurance.

State data shows more than 507,000 claims have been filed since 2021. Of those, more than 82,000, about 16%, received an initial denial.

Following the I-Team's ongoing investigation into workers' comp complaints for first responders, the Texas Association of Fire Fighters released a statement that said, in part, "Too many good people have suffered or died from cancer they contracted on the job only to be abandoned by their cities or their insurance carriers."

The group's president acknowledged that while state data shows cancer denial rates are down over the last decade, there is still work to be done as cancer claims continue to rise statewide. 

Rodriguez said even though any future changes in law won't help his situation, he's still hopeful others will be helped, potentially including his two sons, who want to be firefighters when they grow up. As for Rodriguez's immediate future, he said he's going to enjoy time with them.

"I don't want to go to heaven yet," Rodriguez said. "We have a batting cage. That's where we hang out, it's where we've hung out for our whole lives. They come home from school and we play catch. So, I'm happy about heaven, but I'm not done throwing the ball yet."