Virginia 2023 Regular Session

Virginia Senate Bill SB906

Introduced
1/5/23  
Refer
1/5/23  
Report Pass
1/16/23  
Report Pass
1/25/23  
Engrossed
1/27/23  
Refer
2/9/23  
Report Pass
2/14/23  
Enrolled
2/22/23  
Chaptered
3/22/23  

Caption

Workers' compensation; presumption of compensability for certain cancers.

Impact

The introduction of SB906 is significant in altering the existing framework governing workers' compensation for firefighters and emergency services personnel. By recognizing certain cancers as occupational diseases, the bill reinforces the understanding that the work environments of these professionals carry inherent risks that can lead to life-threatening illnesses. This change aims to provide them with greater protection and support, essentially acknowledging the sacrifices made in their service, and acts as a safety net for those who may suffer as a result of their line of work. The bill specifically impacts how claims are assessed and the burden of proof on these workers seeking compensation.

Summary

SB906 aims to amend the Code of Virginia to establish a presumption of compensability for certain cancers suffered by specified emergency services professionals, including firefighters and hazardous materials officers. The bill specifies that if these professionals develop particular types of cancer after five years of service, it will be presumed that these were caused by their duties. The presumption can be rebutted only by strong evidence to the contrary, which could potentially streamline the process for these workers to receive compensation for their medical conditions resulting from occupational hazards.

Sentiment

Overall sentiment around SB906 appears to be largely positive, especially among advocates for firefighters and emergency service personnel who argue that it provides necessary protection and recognition for the risks associated with their roles. Legislators supporting the bill emphasize its importance in safeguarding the health and well-being of those who serve on the front lines. However, there may be some concerns raised over the financial implications of such presumptions on compensation funds, as well as potential questions about the eligibility criteria and the rigorousness of medical evaluations required under the bill.

Contention

Notable points of contention center around the details of the medical conditions covered by the bill and the specifics of the presumption process. Some legislators or stakeholders may question whether there should be additional safeguards or criteria for determining causation to avoid potential abuse of the system. Furthermore, discussions may revolve around the implications for employers, particularly regarding their responsibilities in light of these presumptions, and whether they can effectively challenge claims under the bill.

Companion Bills

VA HB1408

Same As Workers' compensation; presumption of compensability for certain cancers.

Similar Bills

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CA AB1020

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NJ S1961

Provides for presumptive eligibility for home and community-based services and services provided through program of all-inclusive care for the elderly under Medicaid.

AZ HB2449

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MS SB2383

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