The vetoed proposal would presume listed cancers were work-related for eligible firefighters’ compensation claims, unless an employer met specific standards to rebut that presumption.
Eligible firefighters with a listed cancer could have it presumed work-related for a compensation claim. An employer could rebut that presumption only with clear and convincing medical evidence.
The proposal would presume that a covered firefighter’s cancer is work-related for workers’ compensation claims. The proposal covers full-time, part-time, and volunteer firefighters, including seasonal wildland firefighters and people who combine covered fire service. They must have at least five years of cumulative service and be serving when diagnosed, or have left service within the allowed period. Listed cancers include lung, bladder, and breast cancer. An employer could rebut the presumption with clear and convincing medical evidence that the firefighter knowingly and intentionally falsified information about a preexisting condition during hiring, or that a nonwork event alone caused the cancer. Tobacco use, genetic risk, family history, or lack of a preemployment medical screening or exam alone would not be enough to rebut the presumption. The proposal would apply to claims filed on or after its effective date. It specified an August 12, 2026 effective date if the legislature adjourned on May 13, 2026, subject to a possible referendum.
No hearings or votes scheduled.