Earlier this year, Governor Nathan Deal vetoed a bill that would have helped Georgia firefighters who have been diagnosed with cancer obtain much-needed workers’ compensation benefits. House Bill 216 passed both Georgia houses of congress, only to be vetoed by the Governor before the bill could become law.
The bill would have established a rebuttable presumption that certain types of cancer found in firefighters were “occupational diseases” under the state’s workers’ compensation statute. The presumption would only arise if the firefighter were able to establish by a preponderance of the evidence that their work caused the cancer. If the firefighter was able to meet that initial threshold, the burden would shift to the insurer to prove that the cancer was not work-related. As the law stands now, cancer is categorized as an “ordinary disease of life,” and those unfortunate enough to encounter a cancer diagnosis are unlikely to receive benefits.
Governor Deal’s rationale for vetoing the bill was that it was too broad because it failed to establish a timeline or to limit the types of cancer covered. He also stated that the rate of cancer among Georgia firefighters was not “abundantly demonstrated.”