DOJ Files Appeal in Firefighter Death
A couple of months ago, a court ruled that the family of Junior Firefighter Christopher Kangas would receive LODD benefits. Now the Department of Justice has filed an appeal (from delcotimes.com via Firehouse.com).
Unless the DOJ withdraws the appeal before October, Kangas’ name won’t be listed on the memorial this year, and Amber-Messick won’t receive federal death benefits worth $267,000. She’s already received local and state benefits worth $270,000."It’s disappointing, but I can’t say I’m surprised," said Amber-Messick, who first started fighting the DOJ over death benefits in 2002.
She has lost those legal battles three separate times over the past three years. The DOJ claimed each time that the Kangas family was ineligible for benefits because Chris did not fall under federal "firefighter" definitions, since he was not permitted to "fight fires."
The DOJ ought to withdraw their appeal. The judge was right in granting the LODD benefits in this case. In my book, if someone is on the department and respond to incidents, they are a firefighter, regardless of their actual duties. It takes a team effort to fight fires and not everyone is going to be on the nozzle.
Comments
So let me get this straight, the DOJ is supposed to just give up the appeal because this person says they should. If the DOJ has rules regarding this situation they should fight to uphold the rules no matter what the judge says. If they don't, what is the sense having rules in the first place.
Posted by: Jon at June 3, 2006 02:26 PM
Hello Jon,
Thanks for stopping by Firewhirl and leaving a comment.
I don't think the DOJ should cave when a judge rules against them. They should diligently enforce the laws of our country.
However, in this case, I think the definition they are using for a "firefighter" is wrong and unjust.
Again, thanks for your input.
Sincerely,
Joe Fiala
Firewhirl.com
Posted by: Joe at June 3, 2006 07:05 PM
