West Virginia 2024 Regular Session

West Virginia House Bill HB4537

Introduced
1/10/24  

Caption

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

Impact

The introduction of HB4537 is expected to have a considerable impact on state laws governing occupational diseases for firefighters. By adding these specific cancers to the list of conditions for which a rebuttable presumption exists, the bill acknowledges the risks that firefighters face and aids in securing necessary medical compensation for affected individuals. Proponents argue that this law will also enhance the overall health and safety measures within the firefighting profession by recognizing the serious health threats posed by exposure to hazardous environments during their service.

Summary

House Bill 4537 aims to amend existing legislation concerning the workers' compensation framework for firefighters in West Virginia. Specifically, the bill proposes to establish a rebuttable presumption for certain cancers, namely bladder cancer, mesothelioma, and testicular cancer, as compensable diseases arising from employment as a firefighter. This would mean that if a firefighter develops any of these conditions, it would be presumed to have occurred as a result of their work, which would significantly enhance the ability of firefighters to claim workers' compensation benefits for their illnesses. The presumption is set to expire on July 1, 2028, unless the legislature decides to extend it further.

Sentiment

The sentiment surrounding HB4537 appears mostly positive, especially among firefighters and their advocacy groups, who commend the bill for providing much-needed recognition and support for firefighters suffering from job-related illnesses. However, there may be some contention from certain political figures or groups who view such presumptions as potentially increasing liabilities for the state or insurance providers. This has sparked discussions about the balance between adequate support for firefighters and the financial implications for the state.

Contention

Notable points of contention regarding HB4537 include concerns about the potential financial strain this bill may place on the state’s workers' compensation system. Critics argue that while the intent to support firefighters is commendable, the broadening of the compensable diseases could lead to increased claims and subsequent payouts, ultimately impacting the state's budget. Others question whether the inclusion of these specific cancers should be based solely on occupational exposure or if other personal health factors should also be considered.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2128

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

WV SB79

Relating to compensable diseases of certain firefighters covered by workers' compensation

WV HB2026

Authorizing municipalities with police or firefighter employees in PERS to elect to become participating employer in Municipal Police Officer and Firefighter Retirement System for a limited time

WV HB2156

Exempting firefighters and volunteer firefighters from payment of income and real and personal property taxes

WV SB450

Defining medical examination for disability purposes in retirement plans administered by Consolidated Public Retirement Board

WV HB3234

Relating to disability retirement medical examinations of public employee retirement systems

WV SB664

Dissolving PEIA and converting to employer-owned mutual insurance company

WV HB3270

To amend the deliberate intent statute to limit noneconomic damages to $500,000

WV SB685

Amending deliberate intent exception to immunities provided under workers compensation

WV SB648

Amending deliberate intent exception to immunities provided under workers' compensation

Similar Bills

WV SB177

Adding certain cancers as rebuttable presumption for certain injuries and diseases for professional firefighters

WV HB2292

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

WV SB133

Including certain types of cancers for which rebuttable presumption of injury exists for firefighters

WV HB2197

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

WV SB220

Relating to compensable diseases of certain firefighters covered by workers' compensation

WV HB2128

Including three types of cancer for which rebuttable presumption of injury from employment exists for firefighters

WV SB170

Relating to compensable diseases of certain firefighters covered by workers' compensation

WV SB79

Relating to compensable diseases of certain firefighters covered by workers' compensation