Firefighter, Save My Child ... Unless You're A Child ... Because Then You're Not A Firefighter.

MayorBob.

Posted to Legal on Mon Apr 23, 2007 at 10:25:20 AM EST (promoted by port1080). RSS.

All 14-year-old Chris Kangas ever wanted to be was be a firefighter.  Unfortunately, he was killed back in 2002 while en route to the firehouse in Brookhaven, Pennsylvania on his bike.  With her son gone, Julie Amber-Messick wanted his memory honored by having his name placed on a national monument to fallen firefighters.  She also wanted to receive federal death benefits for her son.  Now it seems the US Supreme Court may have to get involved if Amber-Messick is ever to see her son's name on that memorial.  Because, in spite of the fact that Kangas performed many of the tasks of a firefighter, a federal court decided that, as a junior firefighter, he really wasn't a firefighter after all.

At the time of his death Kangas could administer CPR, handle high pressure fire hoses, was completing HAZMAT training, and assisted his fellow firefighters at the scenes of fires.  But, due to his age he was not allowed onto the premises of a burning building to "fight a fire."  Because of this detail, the US Department of Justice (DOJ) turned down Amber-Messick's petition to have Chris' name etched on the National Fallen Firefighters Memorial in Emmitsburg, Maryland.  The reason for this was that DOJ didn't feel that Chris qualified to receive (US)$267,000 authorized to survivors of fallen firefighters by the Public Safety Officers' Benefits Act (PSOBA).  She was turned down three times by DOJ and then she took her case to the US Court of Federal Claims where Judge Marian Horn overruled the DOJ's rejections: "Christopher Kangas died 'in the line of duty' and was a 'firefighter' authorized to be at a fire scene and perform duties as part of a team engaged in the 'suppression of fires' at the time of his death."

But the DOJ wasn't going to settle for that being the last word and so they took the case to the US Court of Appeals for the Federal District.  In a 23 page decision (pdf doc) two of the judges sided with the DOJ.  They ruled that the DOJ had the correct restrictive interpretation of what a firefighter was and that, because Pennsylvania law restricted someone of Chris' age from "suppressing fires" he could not be considered a firefighter.  They ruled that Judge Horn had spoken to an area of the PSOBA which Congress had not addressed (i.e., what technically constitutes a firefighter).  Thus, absent Congress stipulating that "apprentice firefighters" were firefighters for purposes of receiving the death benefit, Chris could not be considered one.

Amber-Messick's lawyer, Frank Daly, said the decision showed "a lack of respect for junior firefighters and all that they do."  He also stated the DOJ has a broader definition of firefighter than the one they chose to use to defend their actions.  The decision definitely infuriated Kangas' fellow firefighters as well as a local politician.  One firefighter called the decision "a complete and utter disgrace."  Another firefighter hopes the controversy over this case will shine a light on what he said was a history of the DOJ fighting claims based upon whether the firefighter died "in the line of duty" or not.  US Representative Joe Sestak (D - PA) promised to introduce legislation to broaden the definition of firefighter.  Amber-Messick says the fight was always about getting Chris' name placed on the monument, not the money.  If either is to happen, this case will likely end up in the Supreme Court.