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2009 Session Shaping Up

OVFA has begun positioning itself for the 2009 legislative session which will convene on January 12, 2009.  OVFA is requesting the introduction of legislation on the following issues:

 

 

Proposals from Other Entities:

Cancer Presumption   The Special Districts Association (SDAO), the primary insurance carrier for most fire districts, and the International Association of Fire Fighters (IAFF) have struck a compromise on the highly contentious issue of cancer presumption for firefighters.  The issue is as follows:  If a firefighter is diagnosed with cancer, should it be automatically presumed that the cause of cancer was due to firefighting activities?

 

SDAO points to research indicating that there is no conclusive evidence that cancer is more prevalent in firefighters than the general population; and, therefore, concludes there should be no presumption of causation.  Labor, conversely, has held that due to the toxins inhaled by firefighters, there should most definitely be a presumption of risk.

 

In this most recent compromise, which was reached in mid-April, SDAO has softened its position to allow that some cancers may be related to firefighting activities.  However, due to anticipated insurance rate increases, which were have been estimated at as much as 350 percent, SDAO is not prepared to write coverage for all firefighters at this time.  The current agreement is limited only to paid firefighters.  Other components of the agreement include:

 

●   Cancer presumption legislation will apply to covered cancers first diagnosed

after July 1, 2009;  (Note: While political reality dictates that volunteers will not be included in 2009, it is OVFA's intent to seek volunteer inclusion at a later date.)

 

●   Cancer presumption legislation’s burden of proof standard of evidence will

stipulate that the cancer presumption is not compensable if the employer can

prove that the cancer was not caused or contributed in material part by the

firefighter’s work as a firefighter;

 

●   Cancer presumption legislation will apply for 7 years following termination of

employment;

 

●   Cancer presumption legislation will apply to 12 cancers;

 

●   Cancer presumption legislation will be rebuttable if the employer can show

that tobacco use was the major contributing cause of the cancer;

 

●   Cancer presumption legislation will apply to prostate cancer if the cancer is

first diagnosed on or before the firefighter’s 55th birthday.

 

While political reality dictates that volunteers will not be included in 2009, it is OVFA’s intent to seek volunteer inclusion at a later date.  In the mean time, the current workers compensation program remains in place:  any volunteer firefighter may still file a claim against workers comp for cancer.  The proposed legislation will not impact those claims as it is limited only to the burden of proof.

 

For now, the OVFA Board is assessing how this decision may be used to their advantage this coming legislative session.  Because OVFA has other legislative proposals in the works, perhaps the fact that volunteers are not included  in the cancer legislation at this time may work to further the association’s other agenda items. 

 

Concepts from Office of State Fire Marshal   The Office of the State Fire Marshal is working on several proposals for the 2009 legislative session, including the following DRAFT concepts: