Everyone agrees that we have a duty to protect those who protect us, like our heroic firefighters and other emergency personnel.  Unfortunately, this has not always been the case when it comes to firefighters whose work causes them to become ill.  But the Georgia legislature is trying to change this: on February 25, 2016, a bill that would help firefighters receive workers’ compensation coverage for work-related cancers was approved by the Georgia House of Representatives by a vote of 148 in favor and 19 against and came one step closer to becoming Georgia law.

The bill, known as House Bill 216 (HB 216), allows firefighters who are eligible for workers’ compensation to receive workers’ compensation benefits for an occupational-related cancer diagnosis.  One would think that there should be no dispute over this, especially since over a majority of the firefighters in Georgia are volunteers; however, Georgia law currently generally considers cancer to be an “ordinary disease of life,” which is not covered by workers’ compensation insurance.  HB 216 seeks to allow firefighters to submit evidence to prove that a cancer diagnosis is not an ordinary life disease, but was instead the result of performing the duties of a firefighter.

To do this, HB 216 amends the existing Georgia Code (specifically, Article 8 of Chapter 9 of Title 34) to provide for an exception to the definition of “ordinary disease of life.”  The amended language (underlined below) requires that the firefighter show by a preponderance of the evidence that the cancer resulted from workplace exposure:

That the disease is not an ordinary disease of life to which the general public is exposed; provided, however, that for firefighters, as defined in Code Section 25-4-2, the disease of cancer, generally otherwise considered an ordinary disease of life, is shown by a preponderance of the competent and credible evidence, which shall include medical evidence, to have been attributable to the firefighter’s performance of his or her duties as a firefighter;

 There is no denying that firefighting has become a more dangerous job.  Firefighters today are exposed to hazardous synthetic materials and toxins that were not prevalent, and even non-existent, just a decade or two ago. Studies, including a significant study conducted by the National Institute for Occupational Safety and Health first published in 2013, have found that exposure to dangerous carcinogens increases a firefighter’s risk of developing certain types of cancer.

Yet, while the passage of HB 216 on February 25, 2016 by the Georgia House of Representatives is considered a long-awaited and significant victory for firefighters and their families in Georgia, the fight has not been easy and it is not yet over.

The original version of HB 216 introduced in February 2015 included much more robust rights for firefighters.  In addition to cancer, it covered diseases such as HIV, hepatitis, respiratory disease, and heart disease.  It also included a rebuttable presumption of evidence provision, which provided for an assumption that if a firefighter contracted one of the covered diseases, that disease would automatically be considered to have been contracted in the line of duty, unless there was evidence to the contrary.  However, opponents believed that these provisions were too broad and could potentially bankrupt the state’s workers’ compensation system.  (Not surprisingly, the companion bill to the original version of HB 216 that was introduced in the Senate, known as SB 29, was stalled.)  While HB 216 has remarkably survived, the form of the bill that remains today is a significantly pared-down version that covers only cancer and the rebuttable presumption provision was completely deleted.

Consequently, even if HB 216 becomes law, it is far from perfect.  Firefighters and their doctors will be forced to prove by a preponderance of evidence that a fire or exposure to hazardous toxins was the cause of the cancer, which, in some cases, may be difficult or even impossible to prove.

But supporters of HB 216 have hope that the bill in its current form will finally see victory. HB 216, which is sponsored by Representative Micah Gravely (R – Douglasville), plus four other Republicans and one Democrat, must now make its way to the full vote of the Senate before it is sent to Governor Nathan Deal’s desk for signature into law or for veto.

The Poirier Law Firm has over 15 years of experience representing injured Georgia employees in these exact type of workers’ compensation cases.  If you or a family member has been hurt at work,  exposed to fumes that resulted in cancer, COPD, respiratory disease, lung cancer, etc., call Poirier Law today for a free consultation.