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General Assembly Substitute Bill No. 1426
January Session, 2025
AN ACT MAKING CHANGES TO THE FIREFIGHTERS CANCER
RELIEF PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-313p of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) For purposes of this section: 3
(1) "Firefighter" has the same meaning as provided in section 7-313g; 4
(2) "Compensation" has the same meaning as provided in section 31-5
275; 6
(3) "Municipal employer" has the same meaning as provided in 7
section 7-467; [and] 8
(4) "Interior structural firefighter" means an individual who performs 9
fire suppression, fire rescue, or both, either inside of buildings or in 10
closed structures that are involved in a fire station beyond the incident 11
stage; 12
(5) "State employer" means the state of Connecticut, including any 13
agency or department of the state and any board of trustees of a state-14
owned or supported college or university and branches thereof; and 15
(6) "Administrative law judge" has the same meaning as provided in 16 Substitute Bill No. 1426
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section 31-275. 17
(b) Notwithstanding the provisions of chapter 568, a firefighter 18
diagnosed with any condition of cancer affecting the skin, brain, skeletal 19
system, digestive system, endocrine system, respiratory system, 20
lymphatic system, reproductive system, urinary system or 21
hematological system resulting in such firefighter's death or temporary 22
or permanent total or partial disability, or such firefighter's dependents, 23
as the case may be, shall receive (1) compensation and benefits from the 24
account, established pursuant to section 7-313h, in the same amount and 25
in the same manner that would be provided under chapter 568 if such 26
death or disability was caused by [a personal injury which] an 27
occupational disease which arose out of and in the course of such 28
firefighter's employment and was suffered in the line of duty and within 29
the scope of such firefighter's employment, and (2) (A) the same 30
retirement or survivor benefits, from the municipal or state retirement 31
system under which such firefighter is covered, or (B) the disability 32
benefits available from the Connecticut State Firefighters Association 33
pursuant to section 3-123, that would have been paid under such system 34
if such death or disability was caused by [a personal injury which] an 35
occupational disease which arose out of and in the course of such 36
firefighter's employment and was suffered in the line of duty and within 37
the scope of such firefighter's employment, provided such firefighter 38
has: 39
(i) Submitted to a physical examination subsequent to such member's 40
entry into service that failed to reveal any evidence of [or a propensity 41
for] such cancer; 42
(ii) Has not used cigarettes, as defined in section 12-285, during the 43
fifteen-year period prior to such diagnosis; 44
(iii) Was employed for at least five years in any combination as (I) an 45
interior structural firefighter at a paid municipal, state or volunteer fire 46
department, or (II) a local fire marshal, deputy fire marshal, fire 47
investigator, fire inspector or such other class of inspectors or 48 Substitute Bill No. 1426
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investigators for whom the State Fire Marshal and the Codes and 49
Standards Committee, acting jointly, have adopted minimum standards 50
of qualification pursuant to section 29-298; and 51
(iv) Has submitted to annual medical health screenings as 52
recommended by such firefighter's medical provider. 53
(c) Any individual who is no longer actively serving as a firefighter 54
but who otherwise would be eligible for compensation or benefits 55
pursuant to the provisions of subsection (b) of this section may apply 56
for such benefits or compensation not more than five years from the date 57
such individual last served as a firefighter. 58
(d) To apply for compensation or benefits pursuant to subsections (b) 59
and (c) of this section, a firefighter shall provide notice to the Workers' 60
Compensation Commission and [the municipality in which such 61
firefighter is employed] the municipal employer or state employer of 62
such firefighter, in the same manner as workers' compensation claims 63
under chapter 568. 64
(e) (1) The [municipality in which] municipal employer or state 65
employer that employs the firefighter [is employed] applying for 66
compensation and benefits shall administer claims submitted pursuant 67
to subsections (b) and (c) of this section in the same manner as workers' 68
compensation claims under chapter 568. Such [municipality] municipal 69
employer or state employer shall (A) pay to the firefighter the 70
compensation or benefits such firefighter is entitled to, and (B) submit, 71
in a form and manner provided by the State Treasurer, an application 72
for reimbursement from the firefighters cancer relief account. Payments 73
for reimbursement shall be processed not later than forty-five days after 74
such application is received. 75
(2) Any costs associated with a firefighter's treatment of cancer that 76
are not covered by such firefighter's personal or group health insurance 77
shall be reimbursed, pursuant to this subsection, by the firefighters 78
cancer relief account, provided such treatment complies with the 79
provisions of section 31-294d. 80 Substitute Bill No. 1426
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(3) If the firefighters cancer relief account becomes insolvent, [a 81
municipality shall have no obligation] no municipal employer or state 82
employer shall be obligated to continue providing compensation and 83
benefits pursuant to subdivision (1) of subsection (b) of this section and 84
subsection (c) of this section. 85
(f) A firefighter may request that a denial of compensation or benefits 86
made pursuant to subsection (e) of this section be reconsidered, and an 87
administrative law judge shall have the authority to adjudicate such 88
claim in accordance with the provisions of section 31-278, as amended 89
by this act, in the same manner as workers' compensation claims under 90
chapter 568. 91
(g) If a physical examination was required by an employer at the time 92
of the firefighter's employment, as a condition for such employment, or 93
required annually for means of continued employment, a firefighter 94
shall not be required to show proof of such examination in the 95
maintenance of a claim under subsection (b) or (c) of this section or 96
under such municipal or state retirement system. 97
(h) Any benefits provided under subsection (b) or (c) of this section 98
shall be offset by any other benefits a firefighter or such firefighter's 99
dependents may be entitled to receive from such firefighter's municipal 100
employer or state employer under the provisions of chapter 568 or the 101
municipal or state retirement system under which they are covered as a 102
result of any condition or impairment of health caused by occupational 103
cancer resulting in such firefighter's death or permanent total or partial 104
disability. 105
(i) The State Treasurer shall have the authority to audit 106
reimbursements provided by the account pursuant to subsection (e) of 107
this section. 108
(j) No payment of compensation made under this section shall be 109
used as evidence in support of any future claim under chapter 568. 110
(k) Except as provided in subsections (l) and (m) of this section, any 111 Substitute Bill No. 1426
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firefighter that receives compensation under this section shall be 112
prohibited from filing a claim under chapter 568 for a diagnosis of 113
cancer. 114
(l) If the firefighters cancer relief account becomes insolvent, a 115
firefighter that was receiving compensation under this section may file 116
a claim under chapter 568, within one year of receiving notice from [the 117
municipality] such firefighter's municipal employer or state employer 118
of the firefighters cancer relief account becoming insolvent, for 119
continuation of compensation. 120
(m) (1) Any [survivors] surviving dependents of a firefighter [that] 121
who has died from cancer and was receiving compensation [under] or 122
benefits or has applied for compensation or benefits under this section 123
may file a claim under chapter 568 within one year of such firefighter's 124
death. Until such claim is approved, such survivor shall continue to 125
receive benefits from the firefighters cancer relief account. 126
(2) If the [survivors] surviving dependents of a firefighter [that] who 127
has died from cancer and was receiving compensation [under] or 128
benefits or has applied for compensation or benefits under this section 129
do not file a claim under chapter 568 within one year of such firefighter's 130
death, such survivors may continue to receive benefits from the 131
firefighters cancer relief account. 132
Sec. 2. Section 31-278 of the general statutes is repealed and the 133
following is substituted in lieu thereof (Effective October 1, 2025): 134
Each administrative law judge shall, for the purposes of this chapter 135
and section 7-313p, as amended by this act, have power to summon and 136
examine under oath such witnesses, and may direct the production of, 137
and examine or cause to be produced or examined, such books, records, 138
vouchers, memoranda, documents, letters, contracts or other papers in 139
relation to any matter at issue as he may find proper, and shall have the 140
same powers in reference thereto as are vested in magistrates taking 141
depositions and shall have the power to order depositions pursuant to 142
section 52-148. He shall have power to certify to official acts and shall 143 Substitute Bill No. 1426
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have all powers necessary to enable him to perform the duties imposed 144
upon him by the provisions of this chapter and section 7-313p, as 145
amended by this act. Each administrative law judge shall hear all claims 146
and questions arising under this chapter and section 7-313p, as amended 147
by this act, in the district to which the administrative law judge is 148
assigned and all such claims shall be filed in the district in which the 149
claim arises, provided, if it is uncertain in which district a claim arises, 150
or if a claim arises out of several injuries or occupational diseases which 151
occurred in one or more districts, the administrative law judge to whom 152
the first request for hearing is made shall hear and determine such claim 153
to the same extent as if it arose solely within his own district. If an 154
administrative law judge is disqualified or temporarily incapacitated 155
from hearing any matter, or if the parties shall so request and the 156
chairperson of the Workers' Compensation Commission finds that it 157
will facilitate a speedier disposition of the claim, he shall designate some 158
other administrative law judge to hear and decide such matter. The 159
Superior Court, on application of an administrative law judge or the 160
chairperson or the Attorney General, may enforce, by appropriate 161
decree or process, any provision of this chapter, section 7-313p, as 162
amended by this act, or any proper order of an administrative law judge 163
or the chairperson rendered pursuant to any such provision. Any 164
administrative law judge, after ceasing to hold office as such 165
administrative law judge, may settle and dispose of all matters relating 166
to appealed cases, including correcting findings and certifying records, 167
as well as any other unfinished matters pertaining to causes theretofore 168
tried by him, to the same extent as if he were still such administrative 169
law judge. 170
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 7-313p
Sec. 2 October 1, 2025 31-278
Statement of Legislative Commissioners:
In Section 1(d), "municipal or state employer" was changed to
"municipal employer or state employer" for clarity and accuracy, and in Substitute Bill No. 1426
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Section 1(f), "the provisions of" was added before "section 31-278" for
consistency with standard drafting conventions.
LAB Joint Favorable Subst. -LCO