Bill Would Make Cancer Presumption for Energy Workers More Expansive

Wednesday, February 20, 2019 | 0

Despite a federal lawsuit that challenges a Washington state law that made it easier for cancer-stricken nuclear workers to prove workers’ compensation claims, state legislators are considering easing the burden of proof even further, the Tri-City Herald reported Monday.

The state House of Representatives on Feb. 7 approved House Bill 1490, which would allow workers at the Hanford nuclear site to qualify for a presumption that a wide range of illnesses are compensable occupational diseases, regardless of whether the employees had gone through medical testing.

The change to the statute would make the state’s protection for Hanford workers even more expansive after the Legislature passed a bill last year that created the presumption for those who demonstrated that they had a medical examination before employment showing that they didn’t suffer from the diseases that are associated with radiation exposure.

The federal government sued to block enforcement of last year’s state law, arguing that it is unconstitutional because it subjects the Department of Energy and its contractors to a more stringent standard of proof than other employers. The department and state officials are in settlement negotiations, according to the Tri-City Herald report.

In the meantime, HB 1490 has been assigned to the Senate Labor & Commerce Committee after passing the House 67-29.