HOUSE CONCURRENT RESOLUTION NO.113

(By Delegates Guthrie, Caputo, Stephens, Ashley,

Swartzmiller, Diserio, Ferro, Storch,

Lawrence, Fleischauer, Morgan and Manypenny)

[Originating in the Committee on Banking and Insurance]

[February 28, 2014]

Requesting the Joint Committee on Government and Finance authorize a study on whether to create a statutory rebuttable presumption for workers’ compensation purposes, that under certain limited circumstances, firefighters’ development of certain cancers arose out of and in the course of employment.

    WHEREAS, the Legislature is committed to providing protection for West Virginia workers and has created a system of insurance for workers injured in the course of employment; and

    WHEREAS, the Legislature recognizes that West Virginia’s professional and volunteer firefighters often face dangerous conditions in the course of their work; and

    WHEREAS, the Legislature recognizes that the American Cancer Society recommends cancer screening evaluations for firefighters, based on the age and sex of the firefighter before becoming a firefighter and subsequent thereto; and

    WHEREAS, medical literature suggests that certain cancers may develop as a result of exposure to certain materials and substances; and

    WHEREAS, firefighters may be exposed to certain cancer-causing materials and substances in performing their assigned firefighting duties; and

    WHEREAS, a need exists to determine whether a rebuttable presumption, that a firefighter developed leukemia, lymphoma or multiple myeloma in the course of employment, is medically reasonable when the firefighter (a) had completed all cancer screenings recommended by the American Cancer Society, which indicated no evidence of cancer; (b) was actively employed by a West Virginia fire department as a firefighter for at least five years before the cancer diagnosis; (c) was diagnosed with or died from the cancer no more than ten years after the last active date of employment as a firefighter; (d) was under the age of sixty-five on the date of diagnosis; and (e) had not used tobacco products in the previous ten years; and

    WHEREAS, a need exists to determine whether a statutory rebuttable presumption, that a firefighter who met the five listed criteria developed leukemia, lymphoma or multiple myeloma in the course of employment, would lead to faster and more efficient resolution of workers’ compensation claims; and

    WHEREAS, a need exists to determine whether the State, its firefighters, and workers compensation insurers would benefit from the creation of a rebuttable presumption, under limited circumstances, that a firefighter’s development of leukemia, lymphoma or multiple myeloma arose in the course of employment; and now, therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study whether to create, for workers’ compensation purposes, a rebuttable presumption that a professional or volunteer firefighter’s development of leukemia, lymphoma or multiple myeloma under certain circumstances arose in the course of employment; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.