Cliffhanger for KB Firefighters’ Cancer Compensation 

Firefighter Ron Erbel poses for a portrait next to a vintage fire truck he helped restore with Lochman Hardison and Lucia Hardison, July 6, 2019. Erbel, who volunteered to serve at 9/11 in New York, is asking the Village for work-related cancer aid. (Key News/Tony Winton)

Two Key Biscayne firefighters will miss out on financial aid for their cancers if the Village Council does not agree to apply a new state law. 

Mayor Mike Davey slated the issue for discussion at the last Council meeting Aug. 27, but with a packed agenda, it was deferred. 

Florida’s state Senate passed Section 1816 in April, granting firefighters with one of 21 cancers a one-off payment of $25,000, plus benefits for medical treatments and sick leave. 

But the law applies only to those diagnosed after July 1, 2019. 

Ron Erbel (now retired) and Angie Herrera received cancer diagnoses before that date. Draft legislation submitted to Mayor Davey asks the Council to adopt the statute anyway. 

“I didn’t want to rush through it – I wanted to have a discussion,” said Davey. “The plan is to come back with a resolution [at the next meeting].”

That resolution will use legislation drafted by Donald Elisburg, a resident with a background in compensation. “I’m part observer and part advocate for these sick people,” said Elisburg, who was also part of a team that wrote a report on the safety of first responders at Ground Zero. 

Elisburg was asked to help navigate the issue earlier this year with Village Manager Andrea Agha and Fire Chief Eric Lang, meeting with them several times. He said discussions about this “patriotic responsibility” have been ongoing for a long time. 

“The idea that the state hasn’t taken care of these firefighters is absurd,” said Elisburg. 

Erbel is a well-known member of the island community, having been a volunteer firefighter for 20 years before joining the department. He volunteered to serve at Ground Zero, which Davey called “an important thing to remember.” 

Erbel was therefore eligible for federal funds as part of the World Trade Center medical program. But Herrera, who has been with the department for 15 years, will get no help if the Council does not approve the resolution. 

“Why should the fact that the legislation doesn’t know what to do with these people cripple them?” asked Elisburg. 

The 21 cancers on the statute’s list, including prostate and breast cancer, are those determined to affect firefighters. They are also not compensable under the Florida Workers’ Compensation statute. 

There is no cost estimate for Herrera, but in addition to the $25,000 her ongoing care and sick leave would be calculated by her hourly rate. Since Erbel is retired there would be no ongoing cost – just the one-time payout and compensation for 2019 sick leave of $30,921.25. 

Does Davey think it will go his way at the next meeting? “I hope so,” he said. “It’s right that the community acknowledges these people.”

EDITOR’S NOTE: Don Elisburg is board member of Island Media, Key News’ parent company. He had no role in the editing of this story.

This story was corrected to show