Firefighters get boost in Vermont

• The Vermont House of Representatives passed a bill relating to workers’ compensation coverage for firefighters with cancer, in a unanimous vote.
• The legislation expands workers’ compensation benefits for firefighters, including the cancers that are covered to provide greater parity for women in the firefighter profession.
• “This legislation is a critical step in recognizing the sacrifices and health risks our firefighters face in their line of work,” House Speaker Jill Krowinski said.
• Over 260 members of the Professional Firefighters of Vermont supported the bill.
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Drug test and workers’ comp claim denial

• Some employers incorrectly think that a positive post-accident drug test is always going to lead to a claim denial, but that is not always the case.
• In Ohio, a positive post-accident drug test raises only a “rebuttable presumption” that an injured worker’s use of drugs or alcohol caused the industrial injury.
• This happens if the employer reasonably suspected the employee was under the influence of the testing was done at the request of a police officer or licensed physician not employed by the employer.
• This presumption is rebuttable, which means that the burden can shift back to the employee to prove the impairment did not cause the accident.
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Section 32 Agreements being disproved

• A Section 32 Agreement is the only way to resolve a workers’ compensation claim on a full and final basis because a general release referencing the claim is not sufficient.
• However, there’s been a significant increase in the last month in Section 32 Agreements disapproved, or to which revisions have been demanded, due to a general release or resignation attendant to same.
• The Workers’ Compensation Board had not been policing these provisions, but this has now changed.
• If a claimant requires a general release, it should be tailored narrowly as possible and only deal with claims resultant, or potentially resultant, from the injury of the workers’ compensation claim.
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Tennessee PTSD bill heads to governor

• Tennessee Gov. Bill Lee will decide whether to sign a bill for post-traumatic stress disorder for firefighters after the measure passed through the House and Senate.
• The James ‘Dustin’ Samples Act, named after a firefighter who committed suicide, will provide workers’ compensation for Tennessee firefighters diagnosed with PTSD from the tragedies they witness on the job.
• The measure also requires firefighters to receive regular PTSD training.
• La Vergne Fire Chief Ronny Beasley said this state funding will allow more firefighters to receive treatment and hopefully continue as first responders.
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