Virginia set to Expand Workers’ Compensation Cancer Presumption to Sheriffs and Deputy Sheriffs

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Richmond, Virginia — Delegate Mitchell Cornett introduced House Bill 130 in the Virginia House of Delegates during the 2026 Regular Session. The legislation is designed to amend and reenact section 65.2-402 of the Code of Virginia, relating to workers’ compensation and the presumption for certain cancers affecting sheriffs and deputy sheriffs.

The bill expands the existing presumption of compensability for certain cancers to include sheriffs and deputy sheriffs. Under the current law, this presumption applies to employees who have completed five years of service in specific roles, including certain firefighters, state hazardous material officers, state troopers, arson or bomb investigators, sworn members of the DMV enforcement division, and members of the State Police Officers’ Retirement System who collect, analyze, or handle certain hazardous materials. These employees are entitled to the presumption when they develop certain cancers that cause death or disability, making it easier to qualify for workers’ compensation benefits.

House Bill 130 specifically adds sheriffs and deputy sheriffs to the list of covered employees. This extension recognizes the occupational risks faced by these officers in the performance of their duties. The bill maintains the five-year service requirement for eligibility under the presumption.

The measure was introduced on January 2, 2026. It was assigned to the House Committee on Labor and Commerce. A subcommittee of that committee voted 5 to 2 on February 2, 2026, to recommend laying the bill on the table. Despite this, the full committee voted 22 to 0 to report the bill with a favorable recommendation. The bill was subsequently referred to the House Committee on Appropriations. On February 18, 2026, the bill was left in the Appropriations Committee, preventing further advancement during the session.

This legislation would have provided sheriffs and deputy sheriffs with the presumption that certain cancers, including lung cancer, bladder cancer, and other related conditions, are work-related when they develop after five years of service. This presumption shifts the burden of proof, allowing for more straightforward access to compensation for medical expenses and disability benefits.

Sheriffs serve as constitutional officers in Virginia, elected to enforce the law and maintain public safety in their jurisdictions. Deputy sheriffs assist in these responsibilities, often facing hazardous situations that can lead to long-term health consequences. The bill aims to ensure that these officers receive the same level of protection under workers’ compensation laws as other first responders already covered by the statute.

The introduction of House Bill 130 reflects a focus on supporting law enforcement personnel by updating outdated provisions in the Code of Virginia. The amendment would create consistency across different branches of public safety by including local sheriffs’ offices in the cancer presumption framework.

During the legislative process, the bill received strong backing in the Labor and Commerce Committee, with the unanimous 22-0 vote indicating widespread agreement on the merits of the proposal within that body. This step allowed the bill to move forward to the next stage of review before being halted in Appropriations.

The full provisions of the bill center on the reenactment of section 65.2-402 to incorporate sheriffs and deputy sheriffs into the definition of employees eligible for the presumption. This targeted change addresses a gap in coverage for these essential officers.

Virginia law enforcement relies heavily on the services of sheriffs and their deputies to handle a broad range of responsibilities, from patrol duties to investigative work. Exposure to various environmental hazards is a common aspect of these roles, making the extension of the presumption a logical step to protect their health and well-being.

Although the bill did not pass into law in 2026, its consideration highlights the importance of legislative efforts to enhance benefits for public safety employees. The sponsor, Delegate Mitchell Cornett, brought attention to the need for this update through the introduction of the measure.

The bill’s text provides clear language for the amendment, ensuring that the presumption applies uniformly to the newly included positions. This would help in reducing the administrative burden on claimants who are sheriffs or deputy sheriffs seeking benefits for qualifying cancers.

In summary, House Bill 130 represents a meaningful proposal to expand workers’ compensation protections in Virginia for sheriffs and deputy sheriffs by incorporating them into the established cancer presumption. The legislative history shows initial success in committee followed by the end of its progress in the Appropriations Committee.

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