Auditors of the workers compensation system in Virginia are calling on state lawmakers to modify comp law to require the state to cover repetitive-motion, cumulative trauma claims, among other proposed changes highlighted in a 133-page report released Tuesday.

Another major shift would be an expansion of cancer presumption laws in the state to allow firefighters to meet the toxic exposure requirement by providing evidence that they responded to fires, and allow them to qualify with fewer years of service than the 12 currently required, according to the report issued by the Virginia Joint Legislative Audit and Review Commission, which in December 2018 directed the staff to conduct a review of the state’s comp system.

Lawmakers wanted auditors to assess whether claims were reviewed and processed “promptly and fairly,” assess the measures in place to minimize the potential for fraud and abuse in the system, and determine whether Virginia’s disease presumptions are appropriate and whether the level of evidence required to claim or rebut them is reasonable and appropriate, according to the report.

One year later, lawmakers are learning that the Virginia Workers’ Compensation Commission “could take steps to improve the timeliness of hearings” at certain offices and that workers need to be better advised on their rights to dispute claim denials. The state is also the only that does not require coverage of injuries due to repetitive work activities, according to the report.

The report made specific references to firefighters in the state with regards to worker rights: “For example, over 200 firefighters with a work-related injury or disease re- ported that they were unaware of their right to dispute a denial by their employer’s insurer to VWC. Additionally, a number of firefighters who had been diagnosed with cancer or cardiovascular disease told JLARC staff they thought they had filed a claim with VWC because they reported their injury to their employer. This misperception could prevent them from fully pursing and potentially receiving workers’ compensation benefits,” the report states.

The report makes a number of recommendations, including requiring employers to inform workers of their rights in the comp system and creating penalty-driven timelines for claims handlers: “Establish a time frame in statute for insurers to make initial compensability determinations on injuries and diseases reported to them.”