House of Representatives

HB 2393

workers' compensation'; occupational disease; firefighters

Sponsors: Leff: McClure, Somers

DPA	Committee on Commerce and Economic Development
w/d	Committee on Health
W/D	Committee on Retirement and Government Operations
DPA	Caucus and COW
X	As Passed the House

HB 2393 establishes the presumption of an occupational disease for firefighters whose disease, infirmity or impairment is caused by specific cancers that result in disability or death.

History

Firefighters experience increasing exposure to various toxic materials during the course of performing their employment duties. The construction industry utilizes various building materials; their compositions and chemical make-ups change as the industry continues to evolve. Toxins burn at different temperatures and emit various fumes at each level of the heat process. The likelihood of chemical/toxin exposure in this particular profession exceeds the norm. HB 2393 provides a presumptive employment-related disease when certain cancers result in disability or death.

Provisions

· Defines firefighter as one who was full-time and regularly assigned to hazardous duty.

· Makes the provisions applicable to former firefighters who are 65 years old or younger.

· Stipulates that a firefighter's disease or health impairment caused by certain cancers that result in disability or death is presumed to be occupational in nature and is further deemed to arise out of the employment. The specific cancers are as follows: (a) brain cancer; (b) bladder cancer; (c) rectal or colon cancer; (d) lymphoma; (e) leukemia or aden carcinoma or mesothelioma of the respiratory tract [unless the firefighter has smoked]. Cancers of the oropharynx are not considered as occupational if the firefighter has chewed tobacco products.

The presumption is only valid if the firefighter:

1. Passed a physical examination prior to employment with no indication of cancer.

2. Was assigned hazardous duty for a minimum of five years.

3. Was exposed to a known carcinogen as defined by the International Agency for Research on Cancer, informed the department, and the exposure is reasonably related to the cancer.

HB 2393 was amended in the Committee on Commerce and Economic Development as follows:

· Eliminates the requirement to prove that the carcinogen is related to the cancer.

· Amends the definition of firefighter to include a full-time firefighter assigned to hazardous duty on a regular basis. [Strikes the requirement to have worked also for a political subdivision of the state].

The Committee of the Whole adopted the CED Committee amendment and further amended the bill as follows:

· Stipulates that cancers of the oropharynx are non-compensable if the firefighter has chewed tobacco products.

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45th Legislature

First Regular Session 2 April 24, 2001

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