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JOHN L. SMITH: Disabled volunteer firefighter finds allies in fight against age discrimination

When volunteer firefighter Pat Vannozzi suffered a massive heart attack after responding to a small wildfire in upper Kyle Canyon last October, he believed he was covered by insurance.

Throughout rural Nevada, hundreds of volunteers fight fires and respond to highway accidents and other emergencies. They aren't compensated, but do receive insurance coverage while on the job.

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  • But does that insurance coverage discriminate against older volunteers?

    Decide for yourself.

    Vannozzi, a veteran of the Clark County Fire Department's Volunteer Station No. 81 at Mount Charleston, was 58 at the time of his heart attack. After Vannozzi was admitted to a local hospital, surgeons inserted two stents into his heart. He returned home a few days later, and in the ensuing months he's made a substantial recovery. He remains 27 percent disabled.

    When the bills came in he learned that state law cut off heart attack insurance coverage for volunteer firefighters age 55 or over. A large percentage of Nevada volunteers are older than 55.

    Vannozzi was pounded by medical bills, but he had enough strength to fight against what he believed was an example of state-sanctioned age discrimination. He worked through channels and lobbyists during the last session of the Legislature to attempt to have the law revised. Surely anyone could see the flaw in the statute, he thought.

    Apparently not.

    During the Legislature, Nevada State Firefighters' Association executive director Michael Heidemann said the revision was overdue.

    "This is the right thing to do," he said in April. "And the right thing to do is to protect the people that are protecting the lives and properties of the citizens of the state of Nevada while they are protecting those lives and properties."

    But when the Legislature adjourned, the law remained unchanged. Vannozzi was stunned. Talk about no good deed going unpunished.

    Did the volunteers lack the political juice required to motivate key lawmakers? Was there a behind-the-scenes move by firefighters' union lobbyists? Was it perhaps some bureaucratic bonehead looking to save a few bucks by maintaining a law on the books that was brazenly discriminatory?

    Whatever the reason, Vannozzi's push for fairness failed in Carson City.

    But he's since taken the battle to a different level. This time he's found some powerful allies.

    Last Thursday, the U.S. Equal Employment Opportunity Commission filed a civil rights suit against the state, the Department of Business and Industry, Clark County, and Sierra Nevada Administrators Inc. seeking corrective action be taken on behalf of Vannozzi and the hundreds of other volunteer firefighters age 55 and over who could be hurt by the state's current policy.

    Now it's EEOC regional attorney Anna Y. Park's turn to express her amazement.

    "From our perspective, the law is pretty straight forward. In just a plain reading of the statute, there really is no justification for it. I think it's typical where you have an age-based rule or law that's rooted in stereotype. Essentially, what it's saying is that anyone over 55 is going to have a heart attack. It's not uncommon in age discrimination cases where you have varied decisions or rules made that are based on stereotypes. We're saying it's not appropriate and a violation of federal law."

    In its complaint, the EEOC wants a permanent injunction that would prevent the defendants from enforcing the discriminatory statute. It also seeks damages that would offset the costs to Vannozzi and other Nevada volunteers harmed by the past enforcement of the law.

    In October 2001, Palm Gardens volunteer firefighter Bob Marsh suffered a fatal heart attack during a call to service near Searchlight. His widow was denied benefits, including a $5,000 burial policy, based in part on the fact her husband was 78 years old at the time of his death.

    If 78, or even 58, sounds too old to volunteer to fight fires and help save lives out in Nevada's vast rural expanse, consider this: Without those uncompensated volunteers, there would likely be no one to answer quickly in an emergency.

    We live in a state where the average night shift Nevada Highway Patrol trooper has an entire county to himself. The volunteer system saves Nevadans millions of dollars each year.

    Providing the proper insurance for those volunteers is the least we can do in exchange for all they do for us.

    John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call 383-0295.



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    Glenn wrote on October 02, 2007 07:59 PM:




    Who are some of you people? The volunteer firefighter/EMS personnel, who serve their communities, nationwide, give so much of themselves. 24/7, selflessly training, practicing and testing, so as to be prepared to respond to the immediate needs of others. They leave their families, at the spur of the moment, to save others lives, and property. And, the State of Nevada refuses to provide the basic protection to those who serve and their families? Because, of their age? One person says they should know better….then the do not understand the heart of a
    Volunteer. SELF-LESS…insurance or not….leave Las Vegas proper, and your life could be in the hands of a volunteer firefighter or medic. Logandale, Mt. Charleston, Mountain Springs, Sandy Valley, Indian Springs…..Lovelock, Hawthorne, Beatty…all the way to Reno, north to south, east to west. Get it now?
    THANK YOU to all who serve!


    cas127 wrote on October 02, 2007 02:13 PM: The article says: "When the bills came in he learned that state law cut off heart attack insurance coverage for volunteer firefighters age 55 or over"

    - so nowhere in the info materials given to new/existing vol firefighters was the "no insurance if 55+" data?

    I'm guessing that a standard package of VFF info is distributed and is available to the RJ. I'd be pretty surprised if the "no insurance" information isn't in there.

    Maybe...but I doubt it.

    If the info was in there - then the situation begins to look a lot different.


    Mad American wrote on October 02, 2007 09:30 AM: We would have NO emergency services here in Winnemucca ... that's really RURAL to all you newcomers ... so your column is soooooooooo appreciated, John. Bless EEOC for DOING something instead of passing the buck.


    Wendy wrote on October 02, 2007 08:40 AM: A vast majority of the newcomers to our community can't comprehend the vastness of the state. Beyond Clark County are dozens of small towns.

    Many have few permanent residents. There are no county services. Without the volunteers, many of whom are retired (who else is available and willing) there would be no one to protect life and limb in the vast outlying areas.

    Statistically, it would be interesting to know the average ages of the volunteers throughout the state. What would we do without them? I say this is another example of our lawmakers not taking care of an important issue.

    Hopefully the EEOC will bring a remedy to what our elected officials neglected.


    flashlegs wrote on October 02, 2007 08:15 AM: John L, I think the law has a good purpose. That is, to keep these old codgers from becoming a hazard while fighting fires et al. If another firefighter has to stop fighting the fire and take care of another having a heart attack, he or she might be putting himself or others in danger.


    DaveR wrote on October 02, 2007 08:00 AM: Let's hear it for the Federal EEOC! Yeah! It's true, without all the "old timers" who you gonna call?


    Mike Otero wrote on October 02, 2007 07:22 AM: Thanks for shareing our problem with Nevada. Volunteer firefighter Logandale


    Tom Saitta wrote on October 02, 2007 04:57 AM: Thank you John Smith. Pat is a former colleague and we all wish him well in his fight. I am suggesting he will win this battle.