3 Portland commissioners support expanded firefighter benefits

by Maxine Bernstein, The Oregonian

Tuesday November 18, 2008, 8:24 PM

A proposed bill that would extend work-related benefits to Oregon firefighters who are diagnosed with any of 12 forms of cancer hasn't been drafted yet.

But three of five Portland City Council members already have thrown their general support behind it, despite a plea for more study on the impact of such legislation on the city's taxpayer-funded public safety disability system.

A similar bill failed in the Legislature last year.

Under the latest proposal, the following 12 forms of cancer would be assumed to be job-related when diagnosed in a firefighter: brain, colon, stomach, testicular, prostate, mouth, throat, breast, rectal, multiple myeloma, non-Hodgkin's lymphoma and leukemia.

Oregon firefighters now have to prove such cancers are job-related to get workers' compensation or Portland disability benefits. The city's public safety disability fund considers occupational diseases to include heart disease, certain hernias, AIDS or AIDS-related diseases, tuberculosis, Hepatitis B and pneumonia.

Linda Jefferson, director of the Portland Fire and Police Disability and Retirement Fund, and Yvonne Deckard, chairwoman of the fund's board, say the fund's costs could increase significantly if the 12 cancers are added, noting that the city's firefighting force is the largest in the state. They counter that medical studies found firefighting was a "probable" cause in only three of the cancers -- myeloma, non-Hodgkin's lymphoma and prostate.

But their main objection is the process. They say state legislation would bypass Portland voters in changing the taxpayer-funded disability system that is governed by City Charter, not by Oregon workers' compensation.

"Adding new benefits that result in increased costs to the FPDR system without the input of the taxpayers of the City of Portland is a significant concern," Jefferson and Deckard wrote to council members before their Tuesday work session on their legislative priorities.

Mayor-elect Sam Adams; Commissioner Randy Leonard, a former firefighter who once led the city firefighters union; and Commissioner Nick Fish said Tuesday that they supported the premise of the legislation. They didn't ask questions about the impact, cost or medical studies that support the bill, putting that off until later.

"I think the concept is sound," said Fish, city fire commissioner. He noted that more than 20 other states offer such "presumptive" cancer benefits to firefighters based on studies that show firefighters are exposed to many cancer-causing agents. It's often difficult for firefighters, because of their exposure to hazardous duty, to identify the particular cause for a disease, Fish said.

The League of Oregon Cities opposed last year's bill, concerned that there was not enough scientific evidence to link certain cancers to firefighting. "We'd like to actually show that firefighting leads to these cancers," said Scott Winkels, league lobbyist.

At Portland's council work session Tuesday, Commissioner Dan Saltzman suggested the council allow the city's disability fund and board to further review the legislation before the council lends its backing. Leonard objected.

"What I think is entirely appropriate for the board is to give us feedback," Leonard said. "What I don't think is valuable for them is to get in and decide the policy. We set policy for the city."

As early as July, fund trustees raised concerns. "We have to be able to weigh in on legislation that is going to negatively impact our bottom line," said citizen trustee Justin Delaney at the July board meeting.

He called some proposed provisions "nonsensical," such as placing the burden on the employer to prove that certain cancers are not job-related. If a heavy smoker submitted a claim for throat cancer, for example, Delaney said the city would have the burden of proving tobacco was the major contributing cause.

Proponents, including the Portland Firefighters Association, the Oregon State Fire Fighters Council, the International Association of Firefighters and the Special Districts Association of Oregon, say the changes will bring Oregon in line with more than 20 other states, including Massachusetts, California and New York.

"The reality is we are exposed to a higher level of exposures for cancer-related illnesses," said Bob Livingston, a Salem firefighter and legislative director for the state firefighters council.

The proponents cite a 2006 University of Cincinnati study that found firefighters are more likely to develop four types of cancer than workers in other fields: testicular, non-Hodgkin's lymphoma, prostate and multiple myeloma.

Last year, the Special Districts Association of Oregon objected to the bill but worked out a compromise this year that doesn't apply to volunteer firefighters.

The League of Oregon Cities said it usually doesn't take positions on bills until it can review a written draft. "The devil's in the details," Winkels said.

-- Maxine Bernstein; maxinebernstein@news.oregonian.com