A Utah state law, H.B. 65 Firefighter Cancer Amendments, makes significant changes to the workers compensation process for Utah firefighters who are diagnosed with certain cancers.
Under the law, 15 forms of cancer are presumptively considered to be the result of line-of-duty firefighting exposures, allowing diagnosed firefighters to assert what’s known as a “rebuttable presumption” when seeking workers compensation. The legislation also establishes criteria that firefighters — with the assistance of their departments — must meet to claim the presumption.
The cancers classified as presumptive are:
- Bladder
- Brain
- Colorectal
- Esophageal
- Kidney
- Leukemias
- Lung
- Lymphomas
- Melanomas
- Mesotheliomas
- Oropharynx
- Ovarian
- Prostate
- Testicular
- Thyroid
Note that firefighters can seek workers compensation regardless of whether they claim the rebuttable presumption.
Criteria for the Rebuttable Presumption
Years of Service
Firefighters must have at least eight years of service to claim the rebuttable presumption. Firefighters who are no longer active can claim the presumption for a limited time following the end of their service. The timeframe is determined by multiplying the firefighter’s number of full years of service by three months. For instance, a retired firefighter who served for 20 full years could assert the presumption for up to 60 months, or five years, following the end of their service. The maximum length of eligibility is 120 months, or 10 years, following the end of service.
Additional Requirements
To assert the rebuttable presumption for years of service before July 1, 2026, a firefighter must submit proof to the Utah Fire and Rescue Academy of:
- completion of a physical examination prior to employment as a firefighter showing no signs of cancer
- reporting the diagnosis of a presumptive cancer(s) to the Utah Fire and Rescue Academy and the firefighter’s employer
For years of service after July 1, 2026, a firefighter must additionally submit proof of:
- completion of a physical examination every two years during service as a firefighter
- participation in a cancer screening conducted by the Rocky Mountain Center for Occupational and Environmental Health after seven years of service and every five years (if 49 or younger) or three years (if 50 or older) thereafter until reaching the Social Security qualifying retirement age
Tobacco or Marijuana Use
Firefighters are unable to claim the rebuttable presumption for cancers of the respiratory tract if there is evidence that use of tobacco products, including cigarettes and electronic cigarettes, or marijuana substantially contributed to the development of the cancer.
The Role of Fire Departments
Given the complexities of the law, the Utah Firefighter Cancer Initiative believes it is the responsibility of fire departments to ensure their firefighters fulfill the requirements to claim the rebuttable presumption if they develop one of the cancers. We intend to proactively work with all departments in the state to ensure they understand the requirements and establish processes to meet them. We encourage departments that have questions to contact us.