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Senate committee hears bill to penalize employers who repeatedly appeal firefighters’ presumptive‑cancer awards
Summary
Sen. Patton testified in favor of Senate Bill 241, which would assess a $50,000 penalty against employers who appeal and lose presumptive firefighter cancer claims; Patton cited 327 awards since 2017 and urged the penalty be a deterrent to repeated appeals.
Chair Wilson presided as Senator Patton testified in support of Senate Bill 241, saying the measure would impose a $50,000 penalty on an employer that appeals a presumptive firefighter cancer workers’‑compensation award and loses. Patton told the committee the penalty “will be paid directly to the claimant” to help cover legal bills and other costs while an appeal proceeds.
Patton traced the issue to a 2017 law — Senate Bill 27 — that created a presumptive‑cancer division under the Bureau of Workers’ Compensation. He said that since April 2017, 327 presumptive claims were awarded and 207 of those awards (about 63%) were appealed; roughly 13% of employer appeals were successful, he said. “We came up with $50,000 as hopefully a deterrent,” Patton said.
Why it matters: supporters say firefighters, who face higher occupational cancer risks after years of hazardous duty, can be left with urgent medical bills and lost income while employers litigate awards. Patton described a hypothetical 35‑year‑old firefighter with extensive treatment needs, limited sick leave and mounting bills to underscore the stakes.
During questioning, Vice Chair Lang asked whether a flat $50,000 penalty might be too low in some cases and suggested awarding actual legal costs instead. Patton replied the committee sought a clear deterrent and said the sponsor had discussed administrative options with workers’‑compensation leadership, including Director Stephanie McLeod, about limiting the impact of claims on municipal records.
The hearing on SB 241 concluded with no formal vote; the chair moved on to the second hearing on a separate bill.
