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PRINTER'S NO. 2196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1785
Session of
2025
INTRODUCED BY SCOTT, BOROWSKI, PIELLI, GIRAL, HARKINS, DONAHUE,
HILL-EVANS, McNEILL, SANCHEZ, CEPEDA-FREYTIZ, MAYES, NEILSON,
HOWARD, HOHENSTEIN AND D. WILLIAMS, AUGUST 4, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 10, 2025
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
act defining the liability of an employer to pay damages for
injuries received by an employe in the course of employment;
establishing an elective schedule of compensation; providing
procedure for the determination of liability and compensation
thereunder; and prescribing penalties," in liability and
compensation, further providing for compensation for cancer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301(f) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, is
amended to read:
Section 301. * * *
(f) Compensation pursuant to cancer suffered by a
firefighter shall only be to those firefighters who have served
four or more years in continuous firefighting duties, who can
establish direct exposure to a carcinogen referred to in section
108(r) relating to cancer by a firefighter and have successfully
passed a physical examination prior to asserting a claim under
this subsection or prior to engaging in firefighting duties and
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the examination failed to reveal any evidence of the condition
of cancer. [The presumption of this subsection may be rebutted
by substantial competent evidence that shows that the
firefighter's cancer was not caused by the occupation of
firefighting.] Denial of a claim for any condition or impairment
of health arising under this subsection must be on the basis of
clear and convincing medical evidence that the condition or
impairment was not caused or contributed to in material part by
the occupation of firefighting. The presumption established
under this subsection may be rebutted by clear and convincing
evidence that the use of tobacco by the firefighter is the major
contributing cause of the cancer. Any claim made by a member of
a volunteer fire company shall be based on evidence of direct
exposure to a carcinogen referred to in section 108(r) as
documented by reports filed pursuant to the Pennsylvania Fire
Information Reporting System and provided that the member's
claim is based on direct exposure to a carcinogen referred to in
section 108(r). Notwithstanding the limitation under subsection
(c)(2) with respect to disability or death resulting from an
occupational disease having to occur within three hundred weeks
after the last date of employment in an occupation or industry
to which a claimant was exposed to the hazards of disease,
claims filed pursuant to cancer suffered by the firefighter
under section 108(r) may be made within six hundred weeks after
the last date of employment in an occupation or industry to
which a claimant was exposed to the hazards of disease. The
presumption provided for under this subsection shall only apply
to claims made within the first three hundred weeks.
* * *
Section 2. This act shall take effect in 60 days.
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