General Assembly Committee Bill No. 5871
January Session, 2015 LCO No. 4541
*04541HB05871LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
General Assembly
Committee Bill No. 5871
January Session, 2015
LCO No. 4541
*04541HB05871LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR CURRENT AND FORMER UNIFORMED MEMBERS OF PAID MUNICIPAL OR VOLUNTEER FIRE DEPARTMENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 31-294j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, [a uniformed member of a paid municipal or volunteer fire department,] a regular member of a paid municipal police department, a constable, as defined in section 31-294i, or a member of a volunteer ambulance service shall be eligible for such benefits for any disease arising out of and in the course of employment, including, but not limited to, hepatitis, meningococcal meningitis, tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate or testicular cancer that results in death or temporary or permanent total or partial disability.
(b) (1) Notwithstanding any provisions of the general statutes, for the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, a uniformed member of a paid municipal or volunteer fire department shall be eligible for such benefits for any disease arising out of and in the course of employment, including, but not limited to, hepatitis, meningococcal meningitis, tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, any condition of cancer affecting the brain, skin, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system, and any disease of the lungs or respiratory system, that results in death or temporary or permanent total or partial disability. Such disease shall be presumed to have been suffered in the line of duty as a result of the inhalation, absorption or ingestion of noxious fumes or poisonous gases, unless the contrary be shown by a preponderance of the evidence, provided (1) such uniformed member successfully passed a physical examination upon entry into such service, or subsequent to entry, as the case may be, that failed to reveal any evidence of such disease, (2) such uniformed member has worked for not less than five years at a municipal or volunteer fire department at the time such disease is discovered, or should have been discovered, and (3) such disease is one that is known to result from exposure to heat, radiation or a known or suspected carcinogen as determined by the International Agency for Research on Cancer or the National Toxicology Program of the United States Department of Health and Human Services.
(2) Any individual who is no longer actively serving as a uniformed member of a paid municipal or volunteer fire department but who otherwise would be eligible for such benefits pursuant to the provisions of subdivision (1) of this subsection, may apply for such benefits not more than five years from the date such individual last served with such paid municipal or volunteer fire department.
(3) Any uniformed member of a paid municipal or volunteer fire department or individual applying for benefits pursuant to subdivisions (1) or (2) of this subsection may be required to submit to annual physical examinations as a condition of receiving such benefits.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2015 31-294j
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015
31-294j
Statement of Purpose:
To provide adequate workers' compensation for current and former uniformed members of a paid municipal or volunteer fire department who suffer from certain diseases as a result of performing their jobs.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: REP. COOK, 65th Dist.; REP. CONROY, 105th Dist. REP. ORANGE, 48th Dist.; REP. SAYERS, 60th Dist. REP. RYAN, 139th Dist.; REP. BERGER, 73rd Dist. REP. JOHNSON, 49th Dist.; REP. BACKER, 121st Dist. REP. BUTLER, 72nd Dist.
Co-Sponsors:
REP. COOK, 65th Dist.; REP. CONROY, 105th Dist.
REP. ORANGE, 48th Dist.; REP. SAYERS, 60th Dist.
REP. RYAN, 139th Dist.; REP. BERGER, 73rd Dist.
REP. JOHNSON, 49th Dist.; REP. BACKER, 121st Dist.
REP. BUTLER, 72nd Dist.
H.B. 5871