H 661

 BILL AS INTRODUCED  H.661
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1H.661
2 Introduced by Representatives Taylor of Milton, Micklus of Milton, Morgan,
3L. of Milton, Morgan, M. of Milton, and Steady of Milton
4 Referred to Committee on
5 Date:
6 Subject: Labor; workers’ compensation; firefighters; cancer
7 Statement of purpose of bill as introduced: This bill proposes to add cancers of
8 the larynx, pharynx, and trachea to the cancers for which a firefighter may be
9 eligible to receive workers’ compensation. This bill also proposes to delete the
10 requirement that a firefighter be under 65 years of age for a cancer to be
11 presumed to have occurred in the line of duty.
12    An act relating to workers’ compensation coverage for firefighters with
13    cancer
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. 21 V.S.A. § 601 is amended to read:
16 § 601. DEFINITIONS
17    As used in this chapter:
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1(11) “Personal injury by accident arising out of and in the course of
2 employment” includes an injury caused by the willful act of a third person
3 directed against an employee because of that employment.
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5(E) In the case of a firefighter, as defined in 20 V.S.A. § 3151(3) and
6 (4), who dies or has a disability from a cancer listed in subdivision (iii) of this
7 subdivision (E), the firefighter shall be presumed to have had the cancer as a
8 result of exposure to conditions in the line of duty, unless it is shown by a
9 preponderance of the evidence that the cancer was caused by nonservice-
10 connected risk factors or nonservice-connected exposure, provided:
11(i)(I) the firefighter completed an initial and any subsequent
12 cancer screening evaluations as recommended by the American Cancer Society
13 based on the age and sex of the firefighter prior to becoming a firefighter or
14 while serving as a firefighter, and the evaluation indicated no evidence of
15 cancer; and
16(II) the firefighter was engaged in firefighting duties or other
17 hazardous activities over a period of at least five years in Vermont prior to the
18 diagnosis; and
19(III) the firefighter is under 65 years of age.
20(ii) The presumption shall not apply to any firefighter who has
21 used tobacco products at any time within 10 years of the date of diagnosis.
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1(iii) The disabling cancer shall be limited to leukemia, lymphoma,
2 or multiple myeloma, and cancers originating in the bladder, brain, breast,
3 colon, gastrointestinal tract, kidney, larynx, liver, lung, pancreas, pharynx,
4 reproductive system, skin, or thyroid, or trachea.
5(F) A firefighter who is diagnosed with cancer within 10 years of the
6 last active date of employment as a firefighter shall be eligible for benefits
7 under this subdivision. The date of injury shall be the date of the last injurious
8 exposure as a firefighter.
9(G) It is recommended that fire departments:
10(i) maintain incident report records for at least 10 years; and
11(ii) offer or provide annual cancer screenings to all firefighters
12 who are employed by or who volunteer for the department.
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14 Sec. 2. EFFECTIVE DATE
15    This act shall take effect on July 1, 2026.
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