COLUMBUS, Ohio — Ohio lawmakers are considering a proposal to fine municipalities that appeal firefighters' cancer claims and then lose their appeals.
OH Sen. Tom Patton (R-District 24), who introduced Senate Bill 241 in July, gave sponsor testimony during the bill's first hearing before the Ohio Financial Institutions, Insurance and Technology committee Tuesday afternoon.
Patton's proposal would create a mandatory $50,000 fine for towns, cities, and other municipalities that appeal claims under the Michael Louis Palumbo, Jr. Act that the Ohio Bureau previously approved for workers' compensation. The proposed fine would then be paid directly to the firefighter.
The bill would also allow firefighters to continue receiving compensation and medical benefits during the appeals process.
"It's a tragedy that firefighters are diagnosed with this cancer and now are being forced to defend themselves from these frivolous appeals without additional compensation," Patton said.
"These brave men and women serve our communities every single day, and they deserve our utmost gratitude," he said.
Patton told News 5 Investigators he hopes the bill will deter appeals in cases where the state has already ruled in favor of the firefighter - and protect firefighters who are battling cancer from prolonged legal battles.
News 5 Investigation
Earlier this year, News 5 Investigators found Ohio towns and cities often battle awarding Palumbo Act benefits to firefighters diagnosed with cancer - even after the state approves their claims.
During his testimony, Patton mentioned Brecksville firefighter Bruce Gordon's case. Gordon died from cancer in 2023. Brecskville is currently battling his widow, Sandy, in court over Palumbo Act benefits - even though the city lost its first three appeals.
Out of 422 Palumbo Act claims filed between April 6, 2017, and April 2, 2025, the Ohio Bureau of Workers' Compensation approved 327, or 77%, of claims.
However, we found 264 (63%) of the claims were appealed, which means firefighters and their families are forced to battle their employers - and the communities they serve - for benefits the state approved.
Nearly a decade ago, our exclusive News 5 investigation sparked the state to pass the Palumbo Act.
RELATED: Palumbo family denied firefighter cancer benefits promised under Palumbo Act
Under the Palumbo Act, firefighters who develop certain types of cancer are presumed to have contracted the disease in the line of duty and can receive workers' compensation benefits, including death benefits.
The cancer connection
There is also a growing body of scientific evidence that shows fighting fires increases a person's risk for several types of cancer.
In 2023, the International Agency for Research on Cancer, which is part of the World Health Organization, concluded "occupational exposure as a firefighter is carcinogenic to humans."
It found firefighters may be exposed to asbestos, chemicals in firefighting foams, flame retardants, diesel exhaust, and other hazards that elevate their cancer risk.
"It used to be a badge of honor to have soot all over our helmet," Euclid Fire Captain Bill Mastroianni said.
Mastroianni teaches cancer prevention classes.
"If you can see the black soot on your fingers ... that's cancer," he said.
He's lost more colleagues to cancer than he can count, including Mike Palumbo.
"Approximately, one in three firefighters will get cancer in their career, and one of those three is probably going to die," he said.
