Pennsylvania Cancer Presumption Law Signing Caps 25-Year Fight

Add Feedback

Share |

For 25 long years, the Pennsylvania Professional Fire Fighters Association (PPFFA) has urged state lawmakers to enact legislation to protect fire fighters from exposure to dangerous toxins released from fires. Finally, the PPFFA has declared victory for its members.

Pennsylvania Governor Tom Corbett signed the bill June 30, easily clearing both legislative chambers, making fire fighters eligible to received workers' compensation if they can demonstrate exposure to carcinogens found in fumes. The legislation, HB 797, passed the Pennsylvania House by a vote of 200-1 and the Pennsylvania Senate approved the bill by a vote of 50-0.

Outgoing Governor Ed Rendell vetoed a cancer presumption measure in November 2010, that – despite overwhelming support in the legislature – some municipal officials said was too broad and could overwhelm drum-tight local budgets.

Rendell's veto marked a bitter, though temporary setback in the long struggle to provide must-needed financial protection to the many fire fighters who develop life-threatening cancer in the course of their careers.

Under the new law, fire fighters may file a claim if they have been on the job for four or more continuous years and have established a previous clean bill of health. Fire fighters also must establish exposure to a leading carcinogen, including asbestos, benzene and wood dust, among many others. Fire fighters can file claims up to six years after leaving the fire service.

Carcinogen exposure must be documented in a report filed with the Pennsylvania Fire Information Reporting System.

Municipalities will have an opportunity to rebut claims that the cancer was not caused by fire fighting, though the burden is on municipalities to provide "substantial competent evidence" to rebut a fire fighter's claim that his or her cancer was caused by workplace exposure to toxins.

IAFF General President Harold Schaitberger hails the new law, but says it is too long in coming. "Men and women who put their lives on the line every day to protect the people and property of Pennsylvania should not have had to wait 25 years for lawmakers to acknowledge the very real dangers of carcinogens in fires," he says. "But I am so proud of the leadership of the PPFFA for sticking with this fight on behalf of its brothers and sisters, and not stopping until victory was in hand."

Though the new law is less broad in scope than the measure Rendell vetoed, Pennsylvania Professional Fire Fighters Association President Art Martynuska says he is pleased that members will finally have this added layer of protection.

"The PPFFA has made cancer presumption its number-one priority for the past several years. The PPFFA pledged to get this done, and I am proud to say mission accomplished," he says. "This momentous piece of legislation will now afford our brothers and sisters much needed protection if they are stricken with one of several different types of cancer as a result of their exposure(s) on the job."

Republished with permission of the International Association of Fire Fighters. View original article here.



Author:IAFF