SA firefighter risks losing Return to Work benefits because of two-year cut-off

The Adelaide dad was diagnosed with incurable cancer two years ago and thought worker’s comp would have his back.

Firefighter Gary Marsh with his wife Shani in their backyard. Mr Marsh lives with an incurable cancer, but a loophole in the Return to Work Act means he risks being cut off from his wages. Picture: Mark Brake

A firefighter battling incurable, work-related cancer faces losing wage compensation because of a loophole that treats his disease “the same as a common muscle strain”.

Fairview Park father Gary Marsh, 49, was diagnosed with a “slow growing” lymphoma in September 2022, spreading between his neck and waist.

Initially under control and still at work, last September he found a lump on his groin “the size of a duck egg”.

Doctors prescribed two years of combined chemo and immunotherapy to slow progression, with the possibility of further treatment.

Firefighter Gary Marsh with his wife Shani and daughters Teiana, 17, and Isla, 13. Picture: Mark Brake

However, Mr Marsh was unaware that wage protection under Return to Work only covers two years from the start of illness.

Though he took “only five or six weeks off” during that time, the clock kept ticking, and now he can only claim coverage for “reasonable medical expenses”, just when he most needs wages to support his family.

Employer SAFECOM is temporarily paying 80 per cent of his salary, meaning he pockets $700 less a fortnight, but it remains unclear whether it will permanently approve his additional wage support application.

“It’s a kick in the guts,” said Mr Marsh, a 17-year Metropolitan Fire Service member.

“You don’t think about how much money that is until you see the pay slip every week.

“In this day and age with the cost of living, raising a family, mortgage, it’s significant.”

MFS staff privately voiced support for the family’s petition to guarantee 100 per cent protection, but a spokeswoman for SA Attorney-General Kyam Maher said other recourse could be available.

This includes ‘serious injury’ support until retirement, and special Enterprise Agreement payments, but Mr Marsh said there is no guarantee he would qualify.

The spokeswoman said “the government acknowledges South Australia’s firefighters do incredible work, often putting themselves in harm’s way to keep the community safe”.

“The government has committed to a review of the Return To Work Scheme in 2027. Proposed changes to the rate of income support payments for injured workers may be considered as part of that review.”

Metropolitan Fire Service staff have privately voiced their support for reform, but the state government said changes are unlikely in the immediate future. Picture: Matt Loxton

Despite his cancer, Mr Marsh “wouldn’t change anything” about his career, leaving a better-paying job to enlist.

However, he feels tired more quickly, suffers vertigo and nausea after chemo, and has lost the endurance for long-distance cycling.

“I am trying to balance treatment and work so that I actually get paid 100 per cent,” Mr Marsh said.

“I’m balancing my side effects with the reality of losing 20 per cent of my wage when I’m not working.

“Something needs to change. We don’t want people not being firefighters because they’re unsure if they will be taken care of.”

In October, state parliament passed laws recognising 11 more firefighting-related cancers among those eligible for Return to Work benefits.

Originally published as SA firefighter risks losing Return to Work benefits because of two-year cut-off