HB 2117 Initials NM/TM Page 1 Military Affairs & Public Safety ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session HB 2117: workers' compensation; occupational disease; presumption Sponsor: Representative Payne, LD 27 Committee on Military Affairs & Public Safety Overview Specifies when a cancer may be deemed to not be presumed to arise out of employment. History Firefighters and fire investigators, both working and retired, that have any disease, infirmity or impairment caused by specified cancers and that results in disability or impairment, are considered to have an occupational disease and qualify for workers compensation if: 1) they were assigned to hazardous duty for at least five years; 2) they passed a physical examination before employment without evidence of cancer; 3) they are 65 years old or younger, and diagnosed with cancer no more than 15 years after employment; 4) there is not evidence that the cancer, if it is of the respiratory tract, is from tobacco usage or smoking; and 5) there is not clear and convincing evidence that the cancer was caused by something other than occupational exposure to a carcinogen (A.R.S. ยง 23-901.09). Provisions 1. Specifies when a cancer may be deemed to not be presumed to arise out of employment; instead of the pre-employment examination resulting in only an evidence of cancer, it must have resulted in a cancer diagnosis. (Sec. 1) 2. States that the Legislature intends reoccurring cancers to be eligible for coverage. (Sec. 2)