A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption for certain cancers; sheriffs and deputy sheriffs.
HB130 amends Virginia’s workers’ compensation presumptions for occupational disease under § 65.2-402. The bill expands the list of cancers covered by the presumption for certain public safety employees and specifically adds sheriffs and deputy sheriffs to the group of workers who may qualify. Under the bill, qualifying cancers include leukemia and a broader set of solid tumors, with the presumption applying to covered employees who have completed five years of service and who meet the statute’s other conditions.
The bill also retains and restates the existing presumptions for respiratory disease, hypertension, and heart disease for firefighters, police, emergency personnel, and other specified public safety roles. It preserves the statute’s procedural safeguards, including preemployment physical examination requirements, employer-requested medical examinations, and postmortem examination provisions in death claims. The bill leaves in place exclusions for volunteer law-enforcement chaplains and auxiliary or reserve officers, and it continues to define “firefighter” broadly to include certain private firefighting personnel and special forest wardens.
HB130 would broaden the scope of Virginia’s workers’ compensation law by increasing the number of cancers presumed to be work-related for certain employees and by extending that presumption to sheriffs and deputy sheriffs. If enacted, the bill would affect claims under Title 65.2 by making it easier for covered public safety workers and their survivors to obtain compensation without having to prove causation in each case, unless the presumption is rebutted by competent evidence. The bill would primarily affect localities, law-enforcement agencies, and the state entities that employ the listed personnel, as well as the Virginia Workers’ Compensation Commission and insurers responsible for paying claims.
The available record shows no committee transcript or recorded votes, so there is no documented floor or committee debate to gauge support or opposition. The bill’s subject matter suggests a generally pro-worker, pro-public-safety posture, aimed at recognizing occupational cancer risks among first responders and law-enforcement personnel. Its referral and later status of being left in the Appropriations Committee indicate that fiscal concerns may have been relevant, but no direct discussion is available in the provided materials.
The most likely point of contention is cost: expanding presumptions in workers’ compensation can increase claim exposure for public employers, local governments, and insurers. Another possible issue is the breadth of the covered occupations and diseases, especially the addition of sheriffs and deputy sheriffs and the inclusion of multiple cancer types, which may raise questions about medical causation and the scope of the presumption. The bill also preserves rebuttal rights and medical-examination procedures, which are typical safeguards for employers and may reflect an effort to balance employee protections with employer concerns.