Bill Text: DE SB126 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 18 Of The Delaware Code Pertaining To Line-of-duty Disability Benefits To Covered Firefighters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-06-23 - Defeated by Senate. Votes: Defeated 9 YES 12 NO 0 NOT VOTING 0 ABSENT 0 VACANT [SB126 Detail]
Download: Delaware-2015-SB126-Draft.html
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SPONSOR: |
Sen. Ennis & Rep. Carson |
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Sens. Hocker, Pettyjohn; Reps. Baumbach, Outten, Paradee |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 126 |
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AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE PERTAINING TO LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS. |
Section 1. Amend Chapter 67, Title 18 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underlining as follows:
§6709. Presumption – Covered Firefighters.
(a) Heart problems and lung disease. A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:
(1) The individual has lung disease or
(2) The individual has any heart problems, experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or experienced within twenty-four hours of strenuous physical exertion due to firefighting activities and
(3) The heart problem or lung disease results in permanent disability as defined in §6701(3) of this chapter.
(b) Cancer. A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:
(1) (1) That individual has leukemia or pancreatic, prostate in men younger than the age of fifty, breast, ovarian, uterine, cervical, lung, bladder, rectal or throat cancer that is caused by contact with a carcinogen that the individual has encountered in the line of duty. Procedures regarding the required documentation and determining level of exposure shall be developed by the Fire Commission in consultation with the Division of Public Health, and
(2) That individual has been a covered firefighter for at least 5 years.
(3) The cancer results in permanent disability as defined in §6701(3) of this chapter.
(c) A covered firefighter is not eligible for the benefit provided under this section unless that covered firefighter has completed five years of continuous service and has successfully passed a medical examination upon joining the fire service which fails to reveal any evidence of conditions listed in subsections (a) and (b). After the initial examination, a fire company shall require at least a periodic medical examination, as follows:
(1) 1-10 years of service – every 5 years
(2) 11-20 years of service – every 5 years
(3) 21 + years of service – every 3 years
(d) The medical examination, at a minimum, must consist of:
(1) A general medical history of the individual and the individual's family;
(2) An occupational history including contact with, and an exposure to, hazardous materials, carcinogens, toxic products, contagious and infectious diseases, and to physical hazards;
(3) A physical examination including height, weight, and blood pressure, laboratory and diagnostic procedures including a non-fasting total blood cholesterol test and an electrocardiogram.
(e) This section does not apply to a covered firefighter who develops the conditions listed in subsections (a) and (b) and who is a regular user of tobacco products or who has a history of tobacco use. The Fire Commission and Insurance Coverage Office shall define the extent of tobacco use that shall exclude a firefighter from the provisions of this section.
(f) This presumption of conditions listed in subsections (a) and (b) may be rebutted by a preponderance of the evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or non-employment activities.
(g) The term "occupational disease" as it appears in this section, shall pertain to only this section and shall have no other applicability within the Delaware Code.
(h) For the purposes of this section, the term "covered firefighter" shall not include auxiliary members.
Section 2. The provisions of the section shall be effective 90 days after enactment for those covered firefighters initially joining the fire service,
SYNOPSIS
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This bill creates a presumption that a covered firefighter who has heart disease, hypertension, lung disease or certain cancers contracted the occupational disease arising out of and in the course of actions in the line of duty. |
Author: Senator Ennis
