Bill Text: MI HB5340 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Worker's compensation; disabilities; occupational cancer; provide presumption for certain firefighters regarding. Amends sec. 405 of 1969 PA 317 (MCL 418.405).
Spectrum: Slight Partisan Bill (Democrat 27-12)
Status: (Introduced - Dead) 2014-02-20 - Printed Bill Filed 02/20/2014 [HB5340 Detail]
Download: Michigan-2013-HB5340-Introduced.html
HOUSE BILL No. 5340
February 19, 2014, Introduced by Reps. Pettalia, Abed, Haines, Schmidt, Yonker, Muxlow, VerHeulen, McBroom, Pscholka, Lori, Cochran, Yanez, Lamonte, Dillon, Greimel, Brinks, Dianda, Cavanagh, Brunner, Smiley, Phelps, Stallworth, Geiss, Clemente, Knezek, LaVoy, Segal, McCann, Hovey-Wright, Singh, Zemke, Irwin, Banks, Robinson, Barnett, Darany, Somerville, Victory and Farrington and referred to the Committee on Insurance.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
405. (1) In the case of a member of a full fully
paid
fire
department of an airport run operated by a county, road
commission
in counties of 1,000,000 population or more public
airport
authority, or by a state
university or college; , or a
member of a full fully paid fire or police
department of a city,
township, or incorporated village employed and compensated upon a
full-time
basis; , a
member of a fully paid public fire authority
employed and compensated upon a full-time basis; a county sheriff
and
the deputies of the county sheriff; , members a member of the
state
police; , a conservation officers, and officer; or an officer
of
the motor carrier inspectors of the
Michigan public service
commission
enforcement division of the
department of state police,
"personal
injury" shall be construed to include includes
respiratory and heart diseases, or illnesses resulting therefrom,
which
that develop or manifest themselves during a period
while the
member of the department is in the active service of the department
and that result from the performance of duties for the department.
(2) For a member of a fully paid fire department or public
fire authority who is employed 60 months or more, "personal injury"
includes all respiratory tract, bladder, skin, brain, kidney,
blood, thyroid, testicular, prostate, and lymphatic cancers. This
subsection only applies to a member of a fully paid fire department
or public fire authority who is in the active service of the
department or authority, who has been in active service for 60
months or more at the time the cancer manifests itself, and who is
exposed to the hazards incidental to fire suppression, rescue, or
emergency medical services in the performance of his or her work-
related duties for the department or authority.
(3) (2)
Such respiratory Respiratory and heart diseases or and
illnesses resulting therefrom under subsection (1), and respiratory
tract, bladder, skin, brain, kidney, blood, thyroid, testicular,
prostate,
and lymphatic cancers under subsection (2), are deemed
presumed to arise out of and in the course of employment in the
absence
of affirmative evidence to the contrary of non-work-related
causation or specific incidents that establish a cause independent
of the employment. Neither mere evidence that the condition was
preexisting, nor an abstract medical opinion that the employment
was not the cause of the disease or condition, is sufficient to
overcome the presumption. Respiratory tract, bladder, skin, brain,
kidney, blood, thyroid, testicular, prostate, and lymphatic cancers
of a member of a fully paid fire department or public fire
authority may be shown not to arise out of and in the course of
employment if scientific evidence is introduced that the member of
the fully paid fire department or public fire authority was a
substantial and consistent user of cigarettes or other tobacco
products within the 10 years immediately preceding the date of
injury, and that this use was a significant factor in the cause,
aggravation, or progression of the cancer.
(4) (3)
As a condition precedent to filing an application for
benefits,
the claimant, if he or she is one of those enumerated a
person described in subsection (1) or (2), shall first make
application
for , and do all things necessary to qualify for any
pension benefits to which he or she, or his or her decedent, may be
entitled
to or shall demonstrate
that he or she, or his or her
decedent, is ineligible for any pension benefits. If a final
determination is made that pension benefits shall not be awarded or
that the claimant or his or her decedent is ineligible for any
pension benefits, then the presumption of "personal injury" as
provided
in this section shall apply. applies.
The employer or
employee may request 2 copies of the determination denying pension
benefits,
1 copy of which may be filed with the bureau workers'
compensation agency.
(5) If an employee described in subsection (1) or (2) is
eligible for any pension benefits, that eligibility does not
prohibit the employee or dependents of that employee from receiving
benefits under section 315 for the medical expenses or portion of
medical expenses that are not provided for by the pension program.
The presumption in subsection (3) applies to the medical benefits
provided under section 315.
