North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1279

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/31/23  
Engrossed
2/1/23  
Refer
2/1/23  
Report Pass
2/2/23  
Enrolled
2/6/23  

Caption

Documentation required for firefighters and law enforcement officers and the presumption of compensability for firefighters and law enforcement officers; to provide for retroactive application; and to declare an emergency.

Impact

This bill significantly alters the landscape of workers' compensation laws for emergency responders by negating the burden of proof typically required from individuals claiming occupational diseases or injuries. Under HB1279, if firefighters or law enforcement officers experience a cardiac event within 48 hours of strenuous activity, it is presumed to be work-related. This legislative change is expected to encourage individuals in these professions to pursue necessary medical benefits without the fear of facing substantial evidentiary hurdles regarding the cause of their health issues.

Summary

House Bill 1279 is a legislative measure aimed at enhancing the compensability framework for firefighters and law enforcement officers regarding specific health conditions caused by their line of duty. The bill amends existing North Dakota law to institute a presumption of compensability for conditions such as lung disease, heart disease, and cancer that are associated with their intensive physical activities. Additionally, it examines the compensability of cardiac events under certain conditions, essentially broadening the scope of what health impairments can be claimed as on-the-job injuries.

Sentiment

The sentiment surrounding HB1279 appears largely favorable among those who advocate for the rights and health of emergency services personnel. Supporters argue that this legal recognition of work-related health risks is crucial for safeguarding the well-being of firefighters and law enforcement officers. However, some critics have raised concerns about potential implications for the state's workers' compensation system, suggesting that the broadening of the presumption could result in an influx of claims or undermine the accountability of service members regarding their fitness for duty.

Contention

Key points of contention include the potential financial implications of HB1279 on the workers' compensation system and whether the presumption of compensability may lead to abuse or overutilization of the benefit by unhealthy individuals. Additionally, there are debates about whether adequate medical assessments and monitoring protocols are in place to ensure that only valid claims are approved under the new provisions. The retroactive application of the bill may also stir discussions about claims that were previously denied, creating uncertainty in how past decisions will be handled moving forward.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1060

The presumption of compensability for correctional officers.

ND H0269

Disability Provisions for Firefighters and Law Enforcement and Correctional Officers

ND HB455

Retirement; create separate system for state and local law enforcement officers and firefighters.

ND SB860

Workers' compensation benefits; disorders induced by law-enforcement officers and firefighters.

ND HB274

Workers' compensation; presumption of compensability of infertility for firefighters.

ND HB274

Workers' compensation; presumption of compensability of infertility for firefighters.

ND HB40

Relating to collective bargaining by law enforcement officers and firefighters.

ND HB3434

Relating to collective bargaining by law enforcement officers and firefighters.

ND A4135

Requires counties to establish crisis intervention services programs for law enforcement officers, firefighters, and sheriff's officers.

ND S3296

Requires counties to establish crisis intervention services programs for law enforcement officers, firefighters, and sheriff's officers.

Similar Bills

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CA SB206

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NJ A1081

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NJ A5758

Establishes certain marine firefighting training course requirements.

NJ S2776

Establishes certain marine firefighting training course requirements.

AR HB1067

To Modify The Law Concerning Residency Requirements For Certain Firefighters.

CA AB932

Workers’ compensation: off-duty firefighters.

CA AB1299

Peace officers: employment.