For years lawmakers have tried to pass a bill in the state legislature that would allow presumptive care for firefighters. Each year that bill is denied and for the most part it comes down to funding.
As the law stands now, it's up to the firefighter to prove his illness came while on the job. If this bill passes, it puts the burden of proof on the insurance carrier instead of the individual.
"How does an insurance company disprove a presumptive illness claim all the evidence has been destroyed", said Larry Jones with Self Insurers Association.
Opponents of Missoula Senator Nate McConnell's bill add, the firefighters should be covered but making workers compensation fund it could devastate the program.
Jones said, "This bill will rewrite the entire Workers Compensation system. It will throw into chaos who's covered and who's not covered."
Which brought up another problem for people against SB 160, equal protection. Folks like Jones say it's unconstitutional to give presumptive care to one set of workers but not all.