West Virginia 2022 Regular Session

West Virginia House Bill HB2292

Introduced
1/12/22  
Refer
1/12/22  

Caption

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

Impact

Should HB2292 be enacted, it would amend existing state laws governing workers' compensation, benefiting firefighters by providing them with easier access to compensation in cases of specified cancers. This legislative change aims to recognize the occupational hazards that firefighters face and is anticipated to enhance protections for these public servants. The presumption that certain cancers are work-related, unless proven otherwise, empowers firefighters in claiming benefits without the burden of extensive proof, which can be a significant obstacle for claimants.

Summary

House Bill 2292 proposes amendments to the Code of West Virginia concerning workers' compensation for firefighters diagnosed with specific types of cancer: bladder cancer, mesothelioma, and testicular cancer. This bill establishes a rebuttable presumption that these cancers develop as a result of employment for professional firefighters, thereby enabling them to receive workers' compensation benefits. The bill outlines the conditions under which this presumption applies, including a minimum period of service as a firefighter and specific timeframes for the onset of the disease relative to their firefighting activities.

Sentiment

The sentiment surrounding HB2292 appears to be generally supportive among firefighter advocacy groups and some legislators, highlighting the urgent need for increased protections for those who serve in life-threatening roles. However, there might be concerns raised by opponents regarding the implications of a rebuttable presumption, questioning whether it could lead to abuses of the system or affect workers' compensation costs overall. Nevertheless, proponents argue that the health risks faced by firefighters significantly justify these amendments.

Contention

The primary contention lies in the details of the rebuttable presumption and its expiration date in July 2025 unless extensions are enacted by the legislature. Some stakeholders may argue about the necessity and implications of extending these presumption periods, especially in terms of public health policy and resource allocation. Furthermore, the implications of job requirements, such as the duration of service and health criteria (e.g., not using tobacco products), may also be contentious points in discussions surrounding the bill's provisions.

Companion Bills

No companion bills found.

Similar Bills

WV SB177

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

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

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