Bill Text: MI SB0109 | 2009-2010 | 95th 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: Bipartisan Bill
Status: (Introduced - Dead) 2009-01-28 - Referred To Committee On Commerce And Tourism [SB0109 Detail]
Download: Michigan-2009-SB0109-Introduced.html
SENATE BILL No. 109
January 28, 2009, Introduced by Senators GARCIA, KAHN, ANDERSON, BASHAM, PRUSI, CHERRY and McMANUS and referred to the Committee on Commerce and Tourism.
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, and lymphatic cancers. This subsection only applies to a
member of a fully paid fire department or public fire authority 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, and lymphatic cancers
under
subsection (2), are deemed considered 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 and not merely
evidence of a preexisting condition or an abstract medical opinion
that employment was not the cause of the disease or condition.
Respiratory tract, bladder, skin, brain, kidney, blood, and
lymphatic cancers of a member of a fully paid fire department or
public fire authority are not considered to arise out of and in the
course of employment if evidence is shown that the member of the
fully paid fire department or public fire authority was a
consistent smoker of cigarettes or other tobacco products within
the 5 years immediately preceding the date of filing a claim under
this act.
(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. 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 shall 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) shall apply to the medical
benefits provided under section 315.
