Costly first responder occupational disease bills continue to move

Two major pieces of legislation on expanding workers’ compensation coverage and presumptions for law enforcement officers and firefighters continue to make headway.

SB 6213 would create new presumptions for fire responders covering additional cancers and infectious diseases. The House version of the bill (HB 2633) failed to make it out of the chamber before the cutoff date. 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 and $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’ comp and pension costs.