Post by marty on Mar 30, 2006 12:38:22 GMT -5
3-29-06 on Philly.com
Judge: Delco boy killed responding to fire deserves death benefits
By Jeff Price
INQUIRER STAFF WRITER
After years of hearings and appeals, U.S. Court of Federal Claims Judge Marian Blank Horn on Monday overturned a U.S. Justice Department decision that denied death benefits to a 14-year-old junior firefighter who was killed riding his bike to answer a fire alarm.
The Justice Department had maintained that because Christopher Kangas, an eighth-grader at Northley Middle School in Brookhaven at the time of his death, was a trainee, he did not qualify as a public safety officer.
Without the title, the junior firefighter was not eligible for federal death benefits, and, most important to his mother and his fellow firefighters, not eligible to have his named inscribed on the National Fallen Firefighters Memorial.
"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," she wrote in Washington.
Chris's mom, Julie Amber-Messick, did not try to hide her joy.
"I'm in shock," she said this afternoon, reading again the judge's decision. "I keep looking at that paragraph, that he was a firefighter, that he was a member of a team - we were right!
The Justice Department, which has 60 days to appeal the ruling, did not return a phone call seeking comment.
Something we knew all along - just took an appeals court and an Appeals Court Judge with some common sense. God bless Judge Marian Blank Horn!!!
Stay Safe!!
DM50
from fire rescue news
here the history for bfd site
May 5, 2002 - Christopher Kangas, a 14 year old Junior Firefighter with Brookhaven Volunteer Fire Company was struck and killed by a car while bicycling to the fire station in response to a fire call.
In the period following his death, the Commonwealth of Pennsylvania recognized FF Kangas as a Firefighter, and also recognized that his death occurred while in the line of duty. Although recognized by the State, the Federal government ruled that FF Kangas did not meet the criteria to be recognized as a firefighter, therefore denying him a place on the Memorial Wall at the National Firefighters Memorial in Emmittsburg, Maryland. FF Kangas' mother appealed this decision to the Department of Justice, who has jurisdiction over this matter.
109 th CONGRESS
1st Session
S491
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of firefighter to include apprentices and trainees, regardless of age or duty limitations.
IN THE SENATE OF THE UNITED STATES
March 2, 2005
Mr. SPECTER (for himself, Mr. SANTORUM, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the committee on the Judiciary.
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of firefighter to include apprentices and trainees, regardless of age or duty limitations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Christopher Kangas Fallen Firefighter Apprentice Act'.
SEC. 2. EXPANSION OF DEFINITION OF FIREFIGHTER TO INCLUDE APPRENTICES AND TRAINEES.
Section 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(4)) is amended by inserting', regardless of age, status as an apprentice or trainee, or duty restrictions imposed because of age or status as an apprentice or trainee,' after ‘fire department'.
SEC. 3. EFFECTIVE DATE.
The amendment made by this act shall apply with respect to the deaths and injuries which occur on or after May 4, 2002.
CHRIS KANGAS - ASSISTANCE URGENTLY NEEDED
July 26 - Many of you have been asking what you can do to help with the Chris Kangas case. Here is what you can do to have an immediate and substantial impact. The board at the National Fallen Firefighters Memorial will be discussing Chris on the 28th of July. We strongly urge all Firefighters to individually telephone Art Glatfelter (a member of the Board at the National Fallen Firefighters Memorial) and express your support for Chris's name being included on the Memorial at the next ceremonies. Please remember that could quite possibly be a deciding factor in this proceeding.
Mr. Glatfelter's number is 301-447-1365, even if you only reach a secretary, please leave a message indicating your support. We thank you in advance for your support. Remember, the more people who call this office the more powerful the message that will be sent.
Even if you call after the 28th it will still help as we do not know exactly when a final decision will be made. We still have not received word from the National Fallen Firefighters Memorial on the meeting that occurred on the 28th. Please continue to call them to express your support.
Thank You,
The Officers and Members of Brookhaven Fire Company
--------------------------------------------------------------------------------
SUPPORT NEEDED FOR CHRIS KANGAS
June 6 - Brothers and Sisters,
In reaction to the recent denial of benefits to Chris Kangas, we are requesting your help with an effort to insure that his name is included on the National Fallen Firefighters Memorial.
We ask that you contact the National Fallen Firefighters Memorial in Emmittsburg, Maryland to voice your support of the inclusion of Firefighter Chris Kangas in the next memorial ceremonies. A large response to this request will insure that his voice can be heard.
This is the best thing that can be done to support Chris.
United States Fire Academy
National Fallen Firefighters Memorial
16825 South Seton Ave
Emmitsburg, MD 21727
Any questions can be directed to station52@brookhavenfd.org.
We will not give up this fight!!!!
The Officers and Members of the Brookhaven Fire Company
Please copy, paste and send to all known Fire
Service Organizations and other interested parties.
--------------------------------------------------------------------------------
APPEAL DENIED
June 3, 2004 - Information is received that the appeal has been denied.
--------------------------------------------------------------------------------
CONGRESSMAN WELDON ADDRESSES HOUSE OF REPS
June 1, 2004 - Congressman Curt Weldon addresses the House of Representatives regarding the Appeal.
--------------------------------------------------------------------------------
HEARING OFFICER COMPLETES REPORT
April 27, 2004 - The Hearing Officer completes has completed his report. We are now waiting for the Department of Justice to review this report and to make a final ruling on the appeal made.
--------------------------------------------------------------------------------
APPEALS HEARING HELD
January 22, 2004 - An Appeals Hearing was held at the Brookhaven Fire Company with over 600 people in attendance. Numerous dignitaries including Congressman Curt Weldon spoke on behalf of the Kangas Family. At the close of the meeting, the audience was informed that the Hearing Officer would reach his decision in approximately 30 days.
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Judge: Delco boy killed responding to fire deserves death benefits
By Jeff Price
INQUIRER STAFF WRITER
After years of hearings and appeals, U.S. Court of Federal Claims Judge Marian Blank Horn on Monday overturned a U.S. Justice Department decision that denied death benefits to a 14-year-old junior firefighter who was killed riding his bike to answer a fire alarm.
The Justice Department had maintained that because Christopher Kangas, an eighth-grader at Northley Middle School in Brookhaven at the time of his death, was a trainee, he did not qualify as a public safety officer.
Without the title, the junior firefighter was not eligible for federal death benefits, and, most important to his mother and his fellow firefighters, not eligible to have his named inscribed on the National Fallen Firefighters Memorial.
"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," she wrote in Washington.
Chris's mom, Julie Amber-Messick, did not try to hide her joy.
"I'm in shock," she said this afternoon, reading again the judge's decision. "I keep looking at that paragraph, that he was a firefighter, that he was a member of a team - we were right!
The Justice Department, which has 60 days to appeal the ruling, did not return a phone call seeking comment.
Something we knew all along - just took an appeals court and an Appeals Court Judge with some common sense. God bless Judge Marian Blank Horn!!!
Stay Safe!!
DM50
from fire rescue news
here the history for bfd site
May 5, 2002 - Christopher Kangas, a 14 year old Junior Firefighter with Brookhaven Volunteer Fire Company was struck and killed by a car while bicycling to the fire station in response to a fire call.
In the period following his death, the Commonwealth of Pennsylvania recognized FF Kangas as a Firefighter, and also recognized that his death occurred while in the line of duty. Although recognized by the State, the Federal government ruled that FF Kangas did not meet the criteria to be recognized as a firefighter, therefore denying him a place on the Memorial Wall at the National Firefighters Memorial in Emmittsburg, Maryland. FF Kangas' mother appealed this decision to the Department of Justice, who has jurisdiction over this matter.
109 th CONGRESS
1st Session
S491
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of firefighter to include apprentices and trainees, regardless of age or duty limitations.
IN THE SENATE OF THE UNITED STATES
March 2, 2005
Mr. SPECTER (for himself, Mr. SANTORUM, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the committee on the Judiciary.
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of firefighter to include apprentices and trainees, regardless of age or duty limitations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Christopher Kangas Fallen Firefighter Apprentice Act'.
SEC. 2. EXPANSION OF DEFINITION OF FIREFIGHTER TO INCLUDE APPRENTICES AND TRAINEES.
Section 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(4)) is amended by inserting', regardless of age, status as an apprentice or trainee, or duty restrictions imposed because of age or status as an apprentice or trainee,' after ‘fire department'.
SEC. 3. EFFECTIVE DATE.
The amendment made by this act shall apply with respect to the deaths and injuries which occur on or after May 4, 2002.
CHRIS KANGAS - ASSISTANCE URGENTLY NEEDED
July 26 - Many of you have been asking what you can do to help with the Chris Kangas case. Here is what you can do to have an immediate and substantial impact. The board at the National Fallen Firefighters Memorial will be discussing Chris on the 28th of July. We strongly urge all Firefighters to individually telephone Art Glatfelter (a member of the Board at the National Fallen Firefighters Memorial) and express your support for Chris's name being included on the Memorial at the next ceremonies. Please remember that could quite possibly be a deciding factor in this proceeding.
Mr. Glatfelter's number is 301-447-1365, even if you only reach a secretary, please leave a message indicating your support. We thank you in advance for your support. Remember, the more people who call this office the more powerful the message that will be sent.
Even if you call after the 28th it will still help as we do not know exactly when a final decision will be made. We still have not received word from the National Fallen Firefighters Memorial on the meeting that occurred on the 28th. Please continue to call them to express your support.
Thank You,
The Officers and Members of Brookhaven Fire Company
--------------------------------------------------------------------------------
SUPPORT NEEDED FOR CHRIS KANGAS
June 6 - Brothers and Sisters,
In reaction to the recent denial of benefits to Chris Kangas, we are requesting your help with an effort to insure that his name is included on the National Fallen Firefighters Memorial.
We ask that you contact the National Fallen Firefighters Memorial in Emmittsburg, Maryland to voice your support of the inclusion of Firefighter Chris Kangas in the next memorial ceremonies. A large response to this request will insure that his voice can be heard.
This is the best thing that can be done to support Chris.
United States Fire Academy
National Fallen Firefighters Memorial
16825 South Seton Ave
Emmitsburg, MD 21727
Any questions can be directed to station52@brookhavenfd.org.
We will not give up this fight!!!!
The Officers and Members of the Brookhaven Fire Company
Please copy, paste and send to all known Fire
Service Organizations and other interested parties.
--------------------------------------------------------------------------------
APPEAL DENIED
June 3, 2004 - Information is received that the appeal has been denied.
--------------------------------------------------------------------------------
CONGRESSMAN WELDON ADDRESSES HOUSE OF REPS
June 1, 2004 - Congressman Curt Weldon addresses the House of Representatives regarding the Appeal.
--------------------------------------------------------------------------------
HEARING OFFICER COMPLETES REPORT
April 27, 2004 - The Hearing Officer completes has completed his report. We are now waiting for the Department of Justice to review this report and to make a final ruling on the appeal made.
--------------------------------------------------------------------------------
APPEALS HEARING HELD
January 22, 2004 - An Appeals Hearing was held at the Brookhaven Fire Company with over 600 people in attendance. Numerous dignitaries including Congressman Curt Weldon spoke on behalf of the Kangas Family. At the close of the meeting, the audience was informed that the Hearing Officer would reach his decision in approximately 30 days.
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