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| 2 | 2 | | SENATE DOCKET, NO. 729 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1636 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | John J. Cronin |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to disability or death caused by contagious diseases; presumption. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 729 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1636 |
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| 18 | 18 | | By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1636) of John J. Cronin for |
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| 19 | 19 | | legislation relative to disability or death caused by contagious diseases. Public Service. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 2650 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to disability or death caused by contagious diseases; presumption. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 32 of the General Laws is hereby amended by inserting after |
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| 31 | 31 | | 2section 94B the following new section: Section 94C. |
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| 32 | 32 | | 3 (1) Notwithstanding the provisions of any general or special law to the contrary, and for |
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| 33 | 33 | | 4the purposes of any death, disability or medical services claim including claims under Chapter |
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| 34 | 34 | | 532, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in |
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| 35 | 35 | | 6disability or death to a full-time uniformed member of a paid police department, fire department |
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| 36 | 36 | | 7or municipal emergency medical service shall, if he or she successfully passed a physical |
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| 37 | 37 | | 8examination on entry into such service or subsequent to such entry, which examination failed to |
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| 38 | 38 | | 9reveal any evidence of such condition, be presumed to have been suffered in the line of duty, |
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| 39 | 39 | | 10unless it is shown by a preponderance of the evidence that non-service connected risk factors or 2 of 2 |
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| 40 | 40 | | 11non-service connected accidents or hazards undergone, or any combination thereof, caused such |
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| 41 | 41 | | 12incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a |
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| 42 | 42 | | 13type of contagious disease which may, in general, result from exposure to blood and other body |
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| 43 | 43 | | 14fluids of the sick, excluding the common cold. |
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| 44 | 44 | | 15 (2) Any person first discovering any such condition within five years of the last date on |
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| 45 | 45 | | 16which such person actively so served shall be eligible to apply for benefits hereunder, and such |
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| 46 | 46 | | 17benefits, if granted, shall be payable as of the date on which the employee last received regular |
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| 47 | 47 | | 18compensation. The provisions of this section shall not apply to any person serving in such |
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| 48 | 48 | | 19position unless such person shall first establish that he has regularly responded to calls for police, |
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| 49 | 49 | | 20fire or emergency medical service during some portion of the period of his service in such |
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| 50 | 50 | | 21position. |
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| 51 | 51 | | 22 (3) The provisions of this section shall also apply to any condition of COVID-19, |
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| 52 | 52 | | 23Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by |
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| 53 | 53 | | 24regulation by the commissioner of the department of public health to have a statistically |
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| 54 | 54 | | 25significant correlation with police, fire or emergency medical service. |
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| 55 | 55 | | 26 (4) Nothing herein shall preclude a member from applying for and receiving benefits |
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| 56 | 56 | | 27under section seven or section nine, subject to the provisions of said sections. |
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