Relative to disability or death caused by infectious diseases, presumption
The bill will amend Chapter 32 of the General Laws, directly affecting disability and death benefit claims under Chapters 32, 41, and 152. It also specifies benefits eligibility for individuals who discover a qualifying condition within five years of their last active service. This change is significant as it provides additional protective measures for first responders who may be exposed to serious infectious diseases while fulfilling their duties.
Bill S1797 aims to establish a presumption of injury for full-time uniformed members of police departments, fire departments, or municipal emergency medical services who suffer death or disability due to infectious diseases. If a member has successfully passed a physical examination upon entering service and no evidence of a pre-existing condition existed at that time, any contagious disease resulting in their incapacity will be deemed as having been suffered in the line of duty. This applies unless it can be proven that external, non-service-related factors contributed to the condition.
S1797 stipulates that the presumption of line-of-duty injury applies to conditions arising from specified infectious diseases, including COVID-19, Hepatitis, Tuberculosis, and other diseases recognized by the commissioner of public health. This aspect may lead to contention as it sets a legal precedent for public health-related claims, which could prompt debates about accountability and the sufficiency of current protective measures for responders facing health risks.
The bill does not cover conditions resulting from the common cold and places the burden of proof on the entity asserting that an individual's condition was due to non-service connected factors. This heavy emphasis on 'presumption' may influence future discussions on acceptable risk in public service roles and the responsibilities of municipal services in protecting public servants' health.