Firefighter Cancer Presumptions: A Perspective from Other States

The Texas Legislature has adopted a presumption law for firefighters, EMTs, and in some cases first responders. The presumption applies to certain kinds of cancer incurred by firefighters and EMTs. The application of the statute has been controversial. It was substantially amended this past legislative session.

Judge David B. Torrey, a Pennsylvania workers’ compensation judge and adjunct law professor for the University of Pittsburgh School of Law, who has written a survey of presumption laws previously, recently weighed in on the subject again – this time to consider a recommendation of California-based researcher Frank Neuhauser that such presumptions not be adopted by state legislatures.

In an important new article, distinguished California researcher Frank Neuhauser identifies the current trend of states enacting and expanding cancer presumptions in favor of firefighters.  He cites and evaluates the studies which have sought to ascertain whether firefighters are at increased risk of developing cancer and – along with others, including IARC – finds that they are inadequate in evidencing such a phenomenon. At best prostate, testicular, and brain cancer may be implicated, but in Neuhauser’s view the science is weak even as to these types of cancer in establishing a pattern of causation.  See Frank Neuhauser, Cancer Presumption for Firefighters: Good Policy or Give Away?, IAIABC Perspectives, p.7 et seq. (July 2019) (behind a pay-wall: https://www.iaiabc.org/iaiabc/Perspectives.asp).

Neuhauser unequivocally recommends that legislatures not enact such statutes. He declares, “What does all this mean for policymakers? The evidence for elevated risk of cancer among firefighters should be considered insufficient for adopting presumptions…. Presumption[s] lead to [unjustifiable] extra costs being imposed on local jurisdictions ….”

Neuhauser is the Executive Director of the UC Berkeley based Center for the Study of Social Insurance. His research conclusions notwithstanding, presumption statutes continue to attract the interest of national researchers and commentators.