Two major pieces of legislation on expanding workers’ compensation coverage and presumptions for law enforcement officers and firefighters continue to make headway. Both were voted out of the House Labor & Workplace Standards Committee on Tuesday, February 20 – three days ahead of the committee cutoff. The House has until Friday, March 2, to pass the bills and the bills could be pulled to the floor for a vote at any time.

SB 6213 would create new presumptions for fire responders covering additional cancers and infectious diseases. These additional diseases are already eligible for coverage under workers’ compensation insurance; but, importantly, the employee needs to show that the disease was caused by their employment. The presumption that the bill creates means that the employer would have to prove that disease was not a result of employment. If passed, SB 6213 is estimated to cost local governments $14.2 million in 2017-19 biennium and $10 million in the 2019-21 biennium.

SB 6214 would allow law enforcement officers and firefighters to make a workers’ compensation claim for posttraumatic stress disorder (PTSD) as an occupational disease (which current law prohibits) and would also make that coverage presumptive. Per the bill, PTSD would not be considered an occupational disease if the disorder is directly attributed to disciplinary action, termination, or similar action taken by an employer. Also, the presumption would only apply if the PTSD manifests after the employee has served for at least 10 years. If passed, the bills expanding PTSD presumptions are estimated to cost local governments between $2.8 million and $7.7 million in ongoing costs and between $45 million to $125 million in one-time costs.

AWC continues to have major concerns with both bills due to a lack of medical evidence supporting the creation of these presumptions. These bills would also drive up local government workers’ compensation and pension costs.