Shortly after state legislators returned from holiday break, many have introduced bills that would expand cancer and PTSD presumptions for first responders.
So far for expansions to cancer presumptions, Connecticut, Florida, Hawaii, Mississippi, Nebraska, have introduced bills.
Connecticut Senate Bill 1029 was introduced, which would expand current cancer presumptions available for firefighters to other workers impacted by similar conditions. While the bill does not specify “other workers,” it can be presumed that “similar conditions” would imply occupational exposure to harmful carcinogens or other substances.
Florida House Bill 87 would revise the definition of “cancers” to include acute myeloid leukemia for the purpose of expanding cancer treatment benefits for firefighters. Existing legislation applies to full-time firefighters who have spent five years on the job, entitling them to benefits if they are diagnosed with one of the 21 types of cancer currently recognized as occupational illnesses. If passed into law, the bill would go into effect on July 1, 2025.
Hawaii Senate Bill 828 would expand workers’ comp coverage for firefighters to include additional cancers. The bill names adenocarcinoma or mesothelioma of the respiratory system, cancer of the buccal cavity, colon, pharynx, and thyroid, and malignant melanoma. Employers would be allowed to deny benefits if they prove the illness is unrelated to firefighting duties. If enacted, this bill would take effect immediately.
Mississippi Senate Bill 2404 and House Bill 1531 would update current cancer presumptions for firefighters to extend benefits to retired firefighters. Current legislation only applies to active firefighters.
Nebraska Legislative Bill 400 would create a rebuttable presumption of cancer as an occupational disease for firefighters. Professional and volunteer firefighters would be covered, as well as arson investigators, instructors, and training officers, assuming they have had five or more years of employment. The bill requires that cancer must develop or manifest out of and in the course of employment as a firefighter.
Meanwhile Connecticut, Illinois, Maine, New York, Oklahoma, Oregon, Virginia, and Washington have introduced bills for the expansion of PTSD presumptions.
Connecticut Senate Bill 228 would expand workers’ comp coverage for law enforcement and first responders experiencing post-traumatic stress injuries. While a presumption for PTSD already exists, the presumption currently requires that first responders witness an injury that results in death, the loss of a vital body part, or vital body function. This new bill would amend language to include incidents outside of these examples. At this time, the bill does not state specifically what additional incidents would be covered.
Illinois House Bill 1292 would create a PTSD presumption for first responders. The bill would apply to those who developed PTSD due to the hazards of employment as a firefighter, emergency medical technician (EMT), emergency medical technician-intermediate (EMT-I), advanced emergency medical technician (A-EMT), or paramedic.
Maine House Bill 82 proposes the indefinite extension of a PTSD presumption for first responders. Currently, there is a rebuttable presumption that PTSD, when it arises out of and in the course of a worker's employment, shall be compensable for law enforcement officers, corrections officers, E-9-1-1 dispatchers, firefighters and emergency medical services persons, as long as certain conditions are met. This rebuttable presumption is scheduled to be repealed on October 1, 2025, but if House Bill 82 is passed, that expiration date would be repealed and allow the presumption to exist permanently.
New York Assembly Bill A1589 would introduce mental health screenings and presume PTSD in law enforcement officers and EMS personnel is work-related, with rebuttal provisions.
Oklahoma House Bill 1842 would amend a recent 2024 PTSD law by requiring temporary firearm confiscation and suspension of CLEET certification for first responders unable to perform their duties. First responders receiving PTSD benefits would still be limited to $10,000 limit for prescription drugs and one year of medical treatment.
Oregon Senate Bill 606 would update the current PTSD presumption to include certain healthcare employees. Currently, Oregon’s PTSD presumption only applies to first responders, but this bill would add full-time paid employees of the Oregon State Hospital who has direction contact with patients, and full-time paid employees of the Department of Human Services who works at the Stabilization and Crisis Unit.
Virginia Senate Bill 860 would increase the maximum duration of benefits timeline for PTSD among first responders from 52 weeks to 500 weeks. The bill also removes the prohibition on medical treatment, temporary total incapacity benefits, or temporary partial incapacity benefits from being awarded beyond four years from the date of the qualifying event that was the primary cause of the mental health injury.
This bill also expands the definition of law-enforcement officer to include any civilian employed by a county, city, or town police department or by a sheriff's office as a crime scene investigator for the purposes of worker's compensation claims related to post-traumatic stress disorder, anxiety disorder, or depressive disorder.
Additionally, Virginia House Bill 1951 would expand the current PTSD presumption to also include dispatchers.
Washington House Bill 1070 and Senate Bill 5043 would extend the PTSD presumption currently given to first responders to correctional facility workers after 90 days of employment, with rebuttal provisions.
For ongoing coverage of the latest legislation and policy news impacting workers’ comp, visit Regulatory Recap online.
