A bill seeking to ease workers’ compensation hurdles for firefighters battling cancer narrowly failed after a filibuster Monday in the Nebraska Legislature.
Senator Dave Wordekemper of Fremont – District 15 (Photo: Nebraska Unicameral Information Office)
Under current Nebraska law, firefighters diagnosed with cancer while on the job are required to prove the illness is work-related. A firefighter’s cancer is only presumed work-related in fatal cases. The bill, LB400, introduced by Sen. Dave “Woody” Wordekemper, a firefighter and paramedic from Fremont, would have made certain firefighter cancers presumptively work-related for workers’ comp.
Effectively, the burden of proof would have been shifted to employers to rebut claims using medical records, as well as job and family history.
However, a vote to move debate forward on the bill fell short by one vote, knocking the measure off the legislative agenda on Day 52 of the 60-day session. Thirty-three votes were required to end debate. The motion received 32 votes, with 15 voting no and two lawmakers excused from voting.
“I know what this job asks of a person,” Wordekemper said. “Firefighters go to work, not knowing if they’ll make it home to their families. They understand the risks, they accept them, and they show up anyway. What they do not see coming is cancer.”
Senator Mike Jacobson of North Platte – District 42 (Photo: Nebraska Unicameral Information Office)
Had the bill become law, firefighters in Lincoln and Omaha would have been the main beneficiaries. Of Nebraska’s 1,491 paid firefighters, 1,020 (about 68%) reside in the state’s two biggest cities. Wordekemper said, of the remaining 471 firefighters, about 54% would have met the five-year eligibility requirement.
Opposing arguments centered around the possibility of increased costs for municipalities and rural fire departments. Sen. Mike Jacobson of North Platte, who is currently fighting melanoma, led the filibuster effort, suggesting that cancer is often linked to factors beyond job exposure, such as family history. Wordekemper said opponents kept “moving the goalposts” during negotiations.
“If we pass this bill or not, it’s not going to affect whether you get cancer,” said Jacobson. “There is insurance out there. It’s called life insurance. It covers all perils. If you die for any reason, you will get paid… There are other solutions, but this one isn’t it.
While the measure is unlikely to come up again this session, Wordekemper said he plans to revisit the measure in 2027.