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Heated debate begins on bill to presume certain firefighter cancers are occupational
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Summary
Senators began extensive debate on LB400, which would create a rebuttable presumption that specific cancers in firefighters with minimum service are occupational injuries for workers’ compensation; supporters cited scientific findings while opponents warned of unfunded mandates for municipalities and volunteer departments.
Lincoln — A lengthy, sometimes contentious debate opened on LB400, which would create a rebuttable presumption that certain cancers in firefighters with qualifying service are work-related for purposes of workers’ compensation.
Senator Werticamper, who introduced the bill, described LB400 as a response to scientific findings and practical experiences shared by firefighting communities. He cited the International Agency for Research on Cancer (IARC) designation and referenced NIOSH/NIST work on carcinogens in turnout gear. "We presume it's occupational when they die. LB400 simply says we presume it's occupational when they are alive and fighting to stay that way," Werticamper said, framing the proposal as shifting the burden of proof so employers must show a non-occupational cause to rebut a presumption.
The sponsor outlined forthcoming compromise amendments intended to address municipal concerns, including qualification thresholds for volunteers (for example, years of service and minimum participation) and clarified medical-examination requirements. He emphasized the rebuttable presumption still allows employers to prove a non-occupational source and described the standard as "preponderance of evidence," typical in workers-compensation cases.
Opponents, including Senator Jacobson and Senator Hallstrom, called the bill a potential "mother of all unfunded mandates," warning it could drive up costs for small cities, villages and fire districts and force local governments to raise property taxes. They noted existing statutory lump-sum or premium-reimbursement programs aimed at firefighter cancer benefits and urged exploring targeted alternatives rather than a broad workers-comp presumption.
Procedural notes: Senator Werticamper initially filed a priority motion to indefinitely postpone LB400 but withdrew the motion and reintroduced the bill for debate after an objection. The sponsor asked colleagues to avoid hostile amendments and to work in good faith toward a bipartisan solution.
Next steps: Debate is expected to continue in subsequent floor sessions, where sponsors plan to offer amendments to address volunteer inclusion, qualification thresholds and municipal cost concerns.
