Cancer Presumption

Public Act 22-139: Cancer Presumption Compromise

In 2019, CCM was part of an effort to work with key stakeholders on an agreement for first responder PTSD benefits. All parties were brought to the table to work on an agreement, and when one was reached, it was a major bipartisan victory. This session, we worked hard to negotiate a for that same kind of compromise with the firefighter cancer presumption as it became clear that Senate Bill 313 would pass. The way bill was worded before we interceded, it created the assumption that certain cancers are contracted through work, regardless of outside factors. A study by the National Institute for Occupational Safety and Health (NIOSH) did find that certain types of cancers are higher in firefighters, but stopped short of saying that the cancers were directly related to their service. This would have created a situation where a disproportionate number of claims would be covered through the workers’ compensation system, while at the same time creating a burden on municipalities by imposing a higher burden of proof onto them, limiting defense, and narrowing the cases where they’d be able to rebut the presumption. We are committed to helping firefighters, but the bill was not financially feasible for municipalities. Rather, it would have prolonged an ongoing struggle to address the important issue at hand which is verified work-related diseases. Studies by the Office of Fiscal Analysis (OFA) have shown that a single cancer claim may exceed $1 million over the life of a claim in similar proposals, while not including many aggravating factors like additional health care and pension obligations that would push that estimate higher. One could easily see why any additional claims through this system would add burdens to towns and cities, to be pushed onto property taxpayers. CCM worked to amend the bill so that it maintained the integrity of the Cancer Relief Fund and rejected the original proposal to create a rebuttable presumption for firefighters bringing a worker’s compensation claim for cancer. The new negotiated bill requires the Connecticut Fire Services Organization to develop a plan for maintenance on turnout gear and requires municipalities to contribute to the firefighters’ cancer relief account in the amount of $10 per firefighter. SB 313 was not a bill that works for everyone. CCM for its part had addressed this in testimony, through op-eds, and directly to key stakeholders on this issue. Ultimately those concerns were heard, and we were able to negotiate this bill (Public Act 22-139) down to something less harmful to municipalities. We will continue to ask for a seat at the table not just to strike something down, but like with the PTSD bill, to make something that will actually work for everyone.

In 2019, CCM worked with stakeholders on an agreement for first responder PTSD benefits.