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 Transmitted to the Governor

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].

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.

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7.      45th Legislature                                                                                                                             

8.      First Regular Session                                 2                                                             April 24, 2001

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