Bill Text: VA SB328 | 2012 | Regular Session | Prefiled
Bill Title: Workers' compensation; establishes presumption, officers processing clandestine drug laboratories.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-30 - Senate: Passed by indefinitely in Commerce and Labor (11-Y 4-N 1-A) [SB328 Detail]
Download: Virginia-2012-SB328-Prefiled.html
12103186D Be it enacted by the General Assembly of Virginia: 1. That §65.2-402 of the Code of Virginia is amended and reenacted as follows: §65.2-402. Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer. A. Respiratory diseases that cause (i) the death of volunteer or salaried firefighters or Department of Emergency Management hazardous materials officers or (ii) any health condition or impairment of such firefighters or Department of Emergency Management hazardous materials officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. B. Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of (i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officers, (x) special agents of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 (§4.1-100 et seq.) of Title 4.1, (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, and (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. C. Leukemia or pancreatic, prostate, rectal, throat, ovarian
or breast cancer causing the death of, or any health condition or impairment
resulting in total or partial disability of, any volunteer or salaried
firefighter, Department of Emergency Management hazardous materials officer,
commercial vehicle enforcement officer or motor carrier safety trooper employed
by the Department of State Police, or full-time sworn member of the enforcement
division of the Department of Motor Vehicles having completed D. Any respiratory disease or pancreatic, prostate, rectal, throat, ovarian or breast cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any sworn law-enforcement officer who was certified under standards set forth by the federal Occupational Health and Safety Administration to process clandestine drug laboratories pursuant to 29 C.F.R. Part 1910.120 shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption is overcome by a preponderance of competent evidence to the contrary. The presumptions in this subsection shall only apply if the affected sworn law-enforcement officer underwent a physical examination in accordance with the employing law-enforcement agency's written safety and health program as mandated by 29 C.F.R. Part 1910.120(f) during the period such officer was assigned to process clandestine drug laboratories. E. The
presumptions described in subsections A, B,
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