Arizona 2024 2024 Regular Session

Arizona House Bill HB2117 Comm Sub / Analysis

Filed 01/26/2024

                      	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)