http://wowktv.com/story.cfm?func=viewstory&storyid=83096
“…the state firemen’s association is calling on Gov. Joe Manchin to add this issue to the special session.”
Volunteer Firefighters are walking away…
West Virginia State Firemen’s Association Press Release
July 19, 2010
Approximately 80% of West Virginians are protected by volunteer fire departments. Volunteer Fire Departments are staffed by your family members, your friends and your neighbors. These dedicated volunteers serve 24 hours a day, 7 days a week, 365 days a year, to help their communities deal with fires, auto accidents, floods, and other emergencies. They live and work in the neighborhoods they serve – protecting you and your families – often risking their lives so that others may live. The term ‘volunteer’ means that they give of their time to train, prepare, and respond when needed without being paid. Recent changes in Worker’s Compensation and Employer’s Liability – a loss of Broadform Liability Coverage – have now placed the personal livelihoods and assets of these volunteers at risk – basically, under certain conditions, the Fire Chief, fire line officer, Fire Department Board of Director’s member and individual firefighters can be personally sued if they send a firefighter into harm’s way and that firefighter gets hurt. When we joined the volunteer fire service, we knew that it is a dangerous activity. We also knew that if in the event we were injured, the fire department would have insurance to help us get back on our feet. That’s no longer going to be the case. Volunteer Firefighters risk personal liability for making split second life or death decisions in situations where they lack the resources – either equipment or manpower – to fully meet all of the national standards. National standards that no fire department in the country can meet 100%.
Representatives from the State that were appointed to the committee want to say “…the Fire Departments are covered, however, some of the Officers are NOT COVERED.” That in effect is saying the fire departments are not covered. What happens when a firefighter is first on scene and makes a decision? By the national incident management system, they’re then recognized as being the Incident Commander, at least until a higher ranker officer takes over. This leaves that firefighter liable for anything that happens. Without immunity, that firefighter will be left hanging out to dry. How can the State allow a firefighter, your good friend and neighbor, to be unjustly crucified by a civil law suit – simply because the majority of the committee members were uneducated in fire service standards?
State law that allegedly gives immunity to volunteers are hollow and not often upheld by the Courts. Effective September 1 2010, 129 of these fire departments will lose their insurance coverage(s) for these types of events. Many more will lose this coverage every month until all have lost it by June 30, 2011. Because of the wording in WV State Code 23-4-2, no insurance carrier contacted wants to cover us. A select committee was formed which spawned a sub-committee to look at the issue of possible changes to the State Code. This Deliberate Intent sub-committee asked for and received feedback from the largest insurer of volunteer fire departments in the State, one of the largest in the Country – VFIS Insurance – which stated that changes had to be made in West Virginia laws and volunteer firefighters needed further immunities. The subcommittee – chaired by the General Counsel of the State Insurance Commissioner – felt that volunteer fire departments already had immunity – this was an OPINION based on their research of cases and their interpretation of the existing laws. THIS OPINION HOLDS NO BEARING IN A COURT OF LAW. Those who would have to defend the fire departments disagreed with this finding and put their concerns in writing. The section of the State Code cited by the Insurance Commissioner’s General Counsel – 29-12A-3 of the West Virginia Code, has repeatedly been cited by fire departments as a defense and then struck down by judicial opinions – it is a statute with huge loopholes that offers little comfort and/or solace to volunteer fire departments. We must go with the opinion of those who would have to defend us.
To date, no one has answered our key questions – (1) Why was this coverage dropped, especially if it is as they’ve stated, ‘no big deal’? – and, (2) If it is the opinion of the State that we have immunity based on cases and interpretations, why not just put it in a statute to make it clear to all who face the question in the future? One sentence. That’s all we’re asking for. One sentence added to existing State Code could fix this.
Without this broad form coverage, fire line officers and Board of Directors members will have to pay for their defenses out of their own pockets – even if they prevail and are found immune, their personal lives could be destroyed asserting their defense as they will have no insurance to cover legal fees and/or defense costs. If they do not prevail, they could lose everything they own and have worked for all their lives due to a litigiously friendly court system.
Our communities need fire protection, yet, without the help from our government, our communities are in jeopardy of losing this protection. We want to serve our communities. Many of us have done so for many years and have sacrificed much…time with our families, personal expense, and injuries.
The West Virginia Fallen Firefighter’s Memorial represents those firefighters who have given the ultimate sacrifice for fellow West Virginians. Many firefighters, volunteer and paid, have given their lives in the line of duty. Should we also give everything we own, simply because our State Government is unwilling to add one sentence to existing State Law?
We are being forced to decide between helping our communities and risking the safety and security of our own families. For many of us, this is a choice that forces us to choose our families and our homes over our service to our communities. No other public safety sector is faced with this liability. We don’t like making this decision but if we are not granted statutory immunity that is clear and direct, then, as of September 1, 2010, many of our member departments have stated that they will be forced to stay at home when the alarm comes in.
At this time, the West Virginia State Firemen’s Association is walking away from the Committee that was established to work on this broad form liability issue. The committee did not reach a unanimous decision on this issue. Opposition to our request did not listen to the facts presented by Industry Professionals. Your volunteer fire departments must have immunity and we must have immunity NOW!
We ask that you, our neighbors, our friends and our family members, call the Governor’s office and tell them that you support your volunteer fire departments and for the Governor to help us get the immunity that we deserve!
SUBJ: PRESS CONFERENCE
LOCATION: CAPITOL GROUNDS, FALLEN FIREFIGHTER MEMORIAL, CULTURAL CENTER, CHARLESTON WV
DATE: MONDAY JULY 19 2010, 4:00PM
RE: VOLUNTEER FIRE FIGHTERS ARE WALKING AWAY
To Whom It May Concern,
The West Virginia State Firemen’s Association (www.wvsfa.org) will be holding a press conference on Monday, July 19 2010 at 4pm in Charleston WV on the State Capitol Grounds at the Cultural Center’s north side at the site of the Fallen Fire Fighter’s Memorial. This press conference is in reference to the latest broad form liability (deliberate intent) issue and volunteer fire fighters walking away.
Respectfully,
John Holstein,
WVSFA Public Relations Chair
http://www.firehouse.com/topic/funding-and-grants/mutual-aid-mooch-revisited-lawrence-massachusetts
“…That’s right gang, I was railing against those thoughtless people who felt that they could balance their budgets on the back of their neighbors. Here we are again, looking at penurious political people who do not want to pay the freight to provide proper fire protection for their community….”
http://mariovittone.com/2010/05/154/
- Except in rare circumstances, drowning people are physiologically unable to call out for help. The respiratory system was designed for breathing. Speech is the secondary or overlaid function. Breathing must be fulfilled, before speech occurs.
- Drowning people’s mouths alternately sink below and reappear above the surface of the water. The mouths of drowning people are not above the surface of the water long enough for them to exhale, inhale, and call out for help. When the drowning people’s mouths are above the surface, they exhale and inhale quickly as their mouths start to sink below the surface of the water.
- Drowning people cannot wave for help. Nature instinctively forces them to extend their arms laterally and press down on the water’s surface. Pressing down on the surface of the water, permits drowning people to leverage their bodies so they can lift their mouths out of the water to breathe.
- Throughout the Instinctive Drowning Response, drowning people cannot voluntarily control their arm movements. Physiologically, drowning people who are struggling on the surface of the water cannot stop drowning and perform voluntary movements such as waving for help, moving toward a rescuer, or reaching out for a piece of rescue equipment.
- From beginning to end of the Instinctive Drowning Response people’s bodies remain upright in the water, with no evidence of a supporting kick. Unless rescued by a trained lifeguard, these drowning people can only struggle on the surface of the water from 20 to 60 seconds before submersion occurs.
The West Virginia State Firemen’s Association would like to extend our condolences to the family of Robert C. Byrd, a great West Virginian and a great American. With 50+ years of service in the United State Senate, Senator Byrd was a proud West Virginian, serving his nation longer than any other Senator in history. Robert Byrd was elected in 1958.
http://wvgazette.com/News/201006240881
“…The group will include representatives from the Department of Revenue, the Department of Military Affairs and Public Safety, the Insurance Commission and the Fire Marshal’s office, as well as legislators and members of the State Firemen’s Association.”
http://morgancountyweekend.tripod.com/
October 15- 17, 2010
Featured Speaker: John Norman – Deputy Assistant Chief (Ret.) – FDNY
To all:
On Wednesday, June 16, 2010 members of the West Virginia State Fireman’s Association met with Governor Joe Manchin III, Insurance Commissioner Jane Cline, Brickstreet CEO Greg Burton, Counsel for the Speaker of the House (Rick Thompson) Dan Kimball, State Fire Marshal Sterling Lewis, and other government staff regarding issues with Worker’s Compensation impacting volunteer fire departments. Those present from the West Virginia State Fireman’s Association were:
- Paula Smith, President
- Doug Estep
- John Ashcraft
- John Holstein
- Tom Miller
The meeting was very open and all sides voiced their issues, concerns, and viewpoints.
As a result of that meeting, the following can be announced:
1) Brickstreet has agreed to a moratorium on any increases in Worker’s Compensation premiums until July 1, 2011. This means that your premiums will not go up and/or you will not be charged the previously posted rates. There may be some administrative glitches in this as Brickstreet is already into their billing cycle for July 2010 – DON’T PANIC!!! – simply call your agent/Brickstreet representative and let them know if you are/were charged at the higher rate(s). They have verbally agreed to correct those issues.
2) Brickstreet has agreed not to suspend Broadform coverage(s) for a period of sixty (60) days post July 1, 2010. They graciously did this at the direct request of the Governor to allow for the Legislature to address this matter in the Special Session set for July 19, 2010. This gives the 130+/- departments that would lose their Broadform Liability coverage(s) until September 1, 2010 for this matter to be resolved.
NOTE: There was discussion about how would be the best way to address this issue and whether or not legislative action is needed. It is the opinion of the West Virginia State Fireman’s Association that the best solution is for volunteer fire departments including the Boards of Directors and their Fire Line Officers, as well as any firefighter acting in a role as an Incident or Operational Command Function, have clearly stated statutory immunity similar to that of the whitewater rafting industry except in cases of gross negligence or overt criminal act. There is a Supreme Court case that may offer some immunity from liability but it is important to note that a Supreme Court opinion is based on a defined set of factual circumstances which may not be applicable to all situations and/or sets of facts. Further, the Governor stated that he viewed volunteer fire departments as a part of State government – which is an issue that has been discussed and debated over time. Perhaps this is an issue that needs to also be addressed by the legislature – please, share your thoughts.
3) The greater issue of the future of Worker’s Compensation underwriting for the entire State government was discussed as the Governor voiced concerns that there are entities in State government that also have high loss and/or claims histories. He expressed a desire for us to look at the global issue of addressing everyone’s concerns with regard to rates, classifications, safety, loss reduction, and risk management going into the interims and the next General Legislative session in 2011.
4) The Governor challenged us – West Virginia Fire Fighters- to get our Delegates and Senators informed and educated about our issues, concerns, and wishes with regard to these issues. He wants there to be bipartisan consensus on these issues going into the Special Session and a willingness by all parties to work in good faith towards resolving the bigger Worker’s Compensation issues going into the interims and the 2011 General Legislative session.
5) This is probably the biggest issue for us – the West Virginia fire service…WE HAVE TO WORK HARDER AT BEING AND STAYING SAFE!!! We cannot argue with the facts. Brickstreet CEO Burton indicated that one of the biggest areas of loss is fire fighters responding to and returning from calls. We all must exercise due diligence in ensuring that our responses and returns to service don’t get people injured and/or killed. We also need to take the time to ensure that every reasonable safety practice is followed – proper PPE is used – and hazards are properly identified and addressed.
6) Brickstreet CEO Burton indicated that their company will no longer be writing Worker’s Compensation coverages for volunteer fire departments after July 1, 2011. This means that we, the Governor, and the legislature have our work cut out for us. We cannot make the presumption that “somebody” will step in and fix the problem – all options will need to be out on the table.
As stated, there was a great deal of discussion but there appears to be unquestioned consensus on one (1) issue – that volunteer fire departments are vital to the public safety of the State of West Virginia.
Please forward this information on to your respective County associations and departments.
Respectfully submitted,
Tom Miller
WVSFA President Paula Smith, WVSFA Executive Committee Member Doug Estep and WVSFA Legislative Committee Members Tom Miller, John Holstein and John Ashcraft met today, June 16th 2010 with Governor Manchin, Insurance Commissioner Cline and representatives of Brickstreet Insurance to discuss the current issues surrounding Volunteer Fire Department’s Workers Compensation and broad form liability coverage.
During this meeting, Governor Manchin was able to successfully mediate an agreement between Brickstreet and the West Virginia State Firemen’s Association stopping all increases in Worker’s Comp premiums for all West Virginia Fire Departments until July 1 2011 and a 60 day extension past July 1 2010 was granted by Brickstreet allowing Volunteer Fire Departments to maintain broad form coverage until something could be done in the upcoming special session of the State Legislature on July 19th 2010.
Furthermore, the Governor has initiated a special “working group” to address the issues presented.
After the meeting, a press conference was held where Governor Manchin addressed these issues to the media. Coverage can be seen on WCHS, WSAZ, and WOWK.
