Pennsylvania Teen LODD Decision the saga continues

[HMWMDSpecialist]

Department Of Justice Appeals Pennsylvania Teen LODD Decision
Junior Firefighter Chris Kangas Died En Route To A 2002 Fire


Updated: 06-01-2006 02:08:30 PM


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STEPHANIE WHALEN
Courtesy of The Delco Daily Times




Courtesy of the Brookhaven Fire Company


Chris Kangas



Delaware County, Pa.-- It's been four years since Julie Amber-Messick started fighting for death benefits and the right for her son, Chris Kangas, a junior firefighter who died en route to a fire in 2002, to be named on the National Fallen Firefighters Memorial in Emmitsburg, Md.

But it's only been about three months since she's known victory. Amber-Messick learned in March that federal appeals Judge Marian Blank Horn ruled in her favor, legally naming her son a firefighter.

Amber-Messick said she planned on attending the memorial's dedication ceremony in October, knowing her son would be proud his name was etched among fellow firefighters.

Tuesday those dreams started vanishing as quickly as they arrived. The Kangas' family's attorney, Frank Daly, informed the Daily Times that the Department of Justice has filed an appeal in federal court.

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."

Horn ruled March 27 that federal definitions for a "firefighter" were much broader than the DOJ allowed.

Daly said that according to DOJ attorney Nancy Kim, the Department of Justice decided to appeal Horn's ruling because its solicitor general's office needed more time to review court documents.

If the DOJ had not appealed by Saturday, he said Judge Horn's ruling would have been permanent and the Department of Justice would not have had an opportunity to appeal later.

"Even though they had 60 days, I guess it wasn't enough time for the Department of Justice to hear from everyone they had to hear from," said Daly.

U.S. Rep. Curt Weldon, R-7 of Thornbury, who introduced legislation that passed April 6 in the House of Representatives recognizing Kangas legally as a firefighter, called the DOJ's appeal "total stupidity."

"It's disappointing, but at the same time, outrageous that the bureaucrats just don't get it," he said.

"This is not about money; it's about the status of Kangas and other junior firefighters affected by this. Hundreds of fire companies in America have sent me letters, telling me how happy they are that the (March 27) ruling was finally achieved. For the Department of Justice to leave the door open for an appeal doesn't make sense."

Weldon said he would use "whatever means" at his disposal to have Horn's decision upheld, which apparently included calling on the Attorney General to become personally involved.

Daly said Horn's decision could still remain active if the DOJ's solicitor general's office advises the department to withdraw.

Without a withdrawal, however, he expected a decision on the appeal in about a year.

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Copyright DelcoTimes 2006.
Republished with permission of The Delco Daily Times.

[AC9A]

D.C. Hearing Last Chance for Fallen Pennsylvania Junior Firefighter


Updated: 01-11-2007 09:06:13 AM

BROOKHAVEN, Pa.-- Chris Kangas has got to be smiling, and keeping his fingers crossed. It's been a long fight to have the late junior firefighter from Brookhaven designated as a full-fledged firefighter, and yet another battle is scheduled today.

A bus for Washington, D.C., is scheduled to leave from the Brookhaven firehouse at 5 a.m. If it's filled to capacity, as was expected, the 24 people in it are there solely to lend support to attorney Frank Daly, who has just 15 minutes to argue, once again, why the teen who was killed on the way to a fire deserves full firefighter status.

Daly is appearing before the U.S. Court of Appeals for the Federal Circuit. But before Daly has his time on the clock today, Nancy M. Kim has 15 minutes to speak on behalf of the Department of Justice. They're scheduled for 10 a.m. in Courtroom 21, in the Howard T. Markey National Courts Building.

Last May, the Justice Department appealed an earlier ruling by federal appeals Judge Marian Blank Horn, who ruled in favor of naming Kangas a firefighter.

Kangas' mother, Julie Amber-Messick, had lost three previous appeals. She started her fight with the Justice Department in 2002.

Chris Kangas was one day shy of his 15th birthday when he died en route to a fire in 2001. He was riding a bicycle at the time and was struck by a car.

His funeral was one of both unimaginable sadness and indisputable pride.

As many as 350 firefighters and emergency personnel from 52 departments with 66 pieces of apparatus responded to Kangas' "last call." One firefighter came from as far away as Massachusetts, driving eight straight hours for what he said was "the privilege" to offer his condolences.

Kangas' dream was to be a firefighter.

When he was buried, he was dressed in donated pieces of clothing that combined to make a Class A fireman's uniform.

As a full-fledged firefighter, not only would Chris get his name on the National Fallen Firefighters Memorial in Emmitsburg, Md., his mother would receive federal death benefits worth more than $260,000. She has already received local and state benefits totaling about $270,000.

Horn's decision was announced March 27. She said the federal definition for a "firefighter" was broader than the DOJ allowed.

The Justice Department filed its appeal in May, just under the 60-day deadline wire.

At the time, Daly told the Daily Times Kim explained the Justice Department decided to appeal Horn's ruling because its solicitor general's office needed more time to review court documents.

Earlier this week, Brookhaven Fire Chief Rob Montella said today's trip was merely "a show of support," something he and members vowed years ago.

He expects another waiting period before any decision. Whatever it takes, he said, he's in it to the end -- for Kangas.

Joining Montella on the bus today, if all goes as planned, will be Amber Messick, several firefighters and some borough council members. Also joining the crew are some junior members of the fire department, including Montella's son, Rob W. Montella, Joe Bynum, Pat Cole, George Cornog Jr., Eric Marley and Bob Small.

Montella noted that the department has 10 junior members.

Republished with permission of the Delco Daily Times.

[AC9A]

Fallen Pennsylvania Junior Firefighter Denied Benefits

STEPHANIE K. WHALEN
Courtesy of the DelcoTimes

Junior Firefighter Christopher Kangas

Courtesy of the Brookhaven Fire Company


In 2002, Kangas' aspirations of a long, firefighting career ended abruptly when a car collided with him while he was riding his bicycle to a fire.

BROOKHAVEN, Penn.-- Locked in a glass case at Brookhaven Fire Co., all that remains of Christopher Kangas' junior firefighting career are some plaques, a teddy bear and roses, his gear, helmet and a pack of Wrigley's gum his mother said he always chewed.

Julie Amber-Messick, Kangas' mother, had hoped that her son would be recognized on a grander scale: on the National Firefighters' Memorial in Maryland, along with countless others who lost their lives "in the line of duty."

But according to federal government standards, her late son is not considered a "firefighter," since he could not physically enter buildings and "fight fires," the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.

And for that reason, Amber-Messick will never see her son's name emblazoned on the memorial in Maryland -- or $267,000 in federal death benefits.

Frank Daly, the lawyer fighting for Kangas' benefits, said Amber-Messick didn't appeal the Department of Justice's denial of benefits until after finding out that it meant her son's name would not make it to Maryland.

"It was never about the money," Amber-Messick said. "Being a firefighter is all that Chris ever wanted. It was in his heart."

In 2002, Kangas' aspirations of a long, firefighting career ended abruptly when a car collided with him while he was riding his bicycle to a fire.

At that time, Kangas was 14 years old, and a junior firefighter for Brookhaven Fire Co. He knew how to perform CPR, first aid, and was completing HAZMAT training. He learned how to operate high-pressured hoses and assisted firefighters at the scene of numerous blazes, cleaning up debris and helping any way he could.

Amber-Messick didn't anticipate that the Department of Justice would turn down her May 28 application for benefits under the Public Safety Officers' Benefits Act of 1976, which is designed to compensate families of public safety officers who die in the line of duty.

The Department of Justice has since ruled three separate times over nearly four years that Kangas' family was ineligible for benefits because a benefits act statute stated he must be permitted to "fight fires."

But in 2005, Judge Marion Horn ruled in the Court of Federal Claims that the Department of Justice's denial of death benefits was "arbitrary and capricious and founded on unreasonably restrictive reading of the words of PSOBA."

According to Horn, the Department of Justice based previous rulings on a statute definition that was not in use. Current benefits act definitions for a "firefighter" are much broader than the Department of Justice allowed, Horn ruled.

Tuesday, however, two federal circuit judges reversed Horn's decision and denied death benefits under the benefits act. One circuit judge, Pauline Newman, dissented.

Daly called the reversal flawed, "showing a lack of respect for junior firefighters and all that they do."

"The accepted definition (of a firefighter) the Department of Justice has recognized is being quoted from a bill that never passed," Daly said.

"And now the circuit court has totally ignored the bill that was passed, which gives a broader definition covering all firefighters engaged in all firefighting activities."

"This ruling sends a message that is the exact opposite of what Congress intended when they passed the PSOBA in 1977," he said.

Brookhaven Fire Chief Rob Montella was visibly upset about the court's most recent denial.

"When Chris died, we protected him. Our insurance company protected him, the borough protected him and the state protected him. But why isn't the federal government protecting him, or other junior firefighters across the country?" he said.

"I don't understand it. ... I thought we were there," Montella said. "I thought we were there."

Daly stated intentions of filing a petition with the federal circuit bench within the next 14-45 days. If that petition is not received well, he said he would take the Kangas case to the U.S. Supreme Court.

Copyright 2007 by DelcoTimes.

Republished with permission of the DelcoTimes.