HB 1785 — An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for compensation for cancer.

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
 1   Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
 2      act defining the liability of an employer to pay damages for
 3      injuries received by an employe in the course of employment;
 4      establishing an elective schedule of compensation; providing
 5      procedure for the determination of liability and compensation
 6      thereunder; and prescribing penalties," in liability and
 7      compensation, further providing for compensation for cancer.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 301(f) of the act of June 2, 1915
11   (P.L.736, No.338), known as the Workers' Compensation Act, is
12   amended to read:
13      Section 301.    * * *
14      (f)   Compensation pursuant to cancer suffered by a
15   firefighter shall only be to those firefighters who have served
16   four or more years in continuous firefighting duties, who can
17   establish direct exposure to a carcinogen referred to in section
18   108(r) relating to cancer by a firefighter and have successfully
19   passed a physical examination prior to asserting a claim under
20   this subsection or prior to engaging in firefighting duties and
 1   the examination failed to reveal any evidence of the condition
 2   of cancer. [The presumption of this subsection may be rebutted
 3   by substantial competent evidence that shows that the
 4   firefighter's cancer was not caused by the occupation of
 5   firefighting.] Denial of a claim for any condition or impairment
 6   of health arising under this subsection must be on the basis of
 7   clear and convincing medical evidence that the condition or
 8   impairment was not caused or contributed to in material part by
 9   the occupation of firefighting. The presumption established
10   under this subsection may be rebutted by clear and convincing
11   evidence that the use of tobacco by the firefighter is the major
12   contributing cause of the cancer. Any claim made by a member of
13   a volunteer fire company shall be based on evidence of direct
14   exposure to a carcinogen referred to in section 108(r) as
15   documented by reports filed pursuant to the Pennsylvania Fire
16   Information Reporting System and provided that the member's
17   claim is based on direct exposure to a carcinogen referred to in
18   section 108(r). Notwithstanding the limitation under subsection
19   (c)(2) with respect to disability or death resulting from an
20   occupational disease having to occur within three hundred weeks
21   after the last date of employment in an occupation or industry
22   to which a claimant was exposed to the hazards of disease,
23   claims filed pursuant to cancer suffered by the firefighter
24   under section 108(r) may be made within six hundred weeks after
25   the last date of employment in an occupation or industry to
26   which a claimant was exposed to the hazards of disease. The
27   presumption provided for under this subsection shall only apply
28   to claims made within the first three hundred weeks.
29      * * *
30      Section 2.   This act shall take effect in 60 days.

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