After four years of battling cancer and haggling with the city for workers compensation benefits, it would appear Manhattan Beach Police Officer Mark Vasquez got what he wanted when a judge ruled this month that his illness was work-related.
The judgment makes Vasquez eligible for medical retirement benefits available to public safety employees through the California Labor Code.
Yet Vasquez and his wife, Lee, still fear that he may not live long enough to receive those benefits.
“We finally got a decision,” said Lee, who fears an appeal by the city could prevent Vasquez from receiving disability retirement, health insurance compensation and reimbursements for roughly $60,000 in medical expenses the couple has so far paid out of pocket. “It’s been four years. And now that we have a decision in his favor, they still want to appeal it.”
In June, Mark, 35, and Lee — high school sweethearts — plan to celebrate their 11th wedding anniversary. They celebrated last year’s anniversary in the hospital. The couple has two daughters, Madison, 8, and Ashley, 6.
For the last four years, Vasquez, a Redondo Beach native, has faced a roller coaster battle with multiple myeloma, a rare cancer of the plasma cells. Hired as an officer with the MBPD in 2005, he quickly became known for his upbeat attitude. In late 2006, Vasquez started experiencing back pain and a MRI revealed a tumor in his vertebrae. Shortly after, he was diagnosed with cancer and underwent surgery to remove the tumor. He has since been through multiple rounds of radiation, chemo and stem cell therapies, and has been hospitalized several times. Though he has worked on and an off for the last four years, the majority of his time has been spent off-duty and in treatment.
According to the labor code, many illnesses, including multiple myeloma, acquired by police officers and other public safety employees during employment are presumed to be work-related, said Ron Christensen, a legal representative for Vasquez, who filed the lawsuit after the city denied his claim.
Christensen said it is uncommon for a case like Vasquez’ to drag on so long and that in four years, the defense – represented by attorneys from the city’s worker’s compensation insurance company, Independent Cities Risk Management Authority — has gone through two attorneys, and a medical examiner has been called to testify five times.
“This is all highly unusual for a worker’s comp case,” Christensen said. “They’re almost trying to beat this guy to get around the law. It’s incredible.”
“The city is obviously taking issue with the fact that he was only employed for a year before he got cancer,” he added. “Most tend to be on the job longer, but there is no scientific evidence that says it can’t happen in a shorter period of time.”
Attorney Christi Hogin, who has provided legal counsel to the city during the case, said that the city is not in control of litigation surrounding the case and that a decision to appeal would be up to ICRMA.
“We have a letter from [ICRMA] expressly saying they are not giving consent to follow the judgment, and that they will pursue other remedies at the moment,” said Hogin, indicating that an appeal was likely.
Christensen said that there is a good chance Vasquez will not make it to the end of an appeal.
Lee wants her husband to be able to rest.
“We’re not asking for money,” she said. “We want Mark to retire. If you let him retire, this will all go away.”
Cedars-Sinai Medical Center Blood Bank is accepting platelet donations from people with all blood types for MBPD officer Mark Vasquez For more information, visit www.cedars-sinai.edu/Patients/Programs-and-Services/Blood-Donor-Facility. The family asks that people who wish to make monetary donations do so to one of the following organizations: Institute for Myeloma and Bone Cancer Research, Multiple Myeloma Research Foundation or International Myeloma Foundation. For more information about the Vasquez’ story, visit www.caringbridge.org/visit/markvasquez. ER
