SB 317 - This act establishes the "Silica Claims Priorities Act". Under the act, a person is prohibited from bringing a claim alleging an injury caused by the inhalation of silica unless the person can make a prima facie showing of physical impairment resulting from a medical condition for which silica exposure is a substantial factor.
A prima facie showing shall be made as to each defendant and shall include a detailed narrative medical report and diagnosis by a licensed physician. Such report and diagnosis shall include:
1. Evidence verifying the physician has taken occupational, exposure, medical, and smoking history from the exposed person;
2. Evidence verifying that the exposed person has silicosis;
3. Evidence verifying there has been a sufficient latency period;
4. A determination that the exposed person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated under the American Medical Association's Guides to the Evaluation of Permanent Impairment; and
5. Evidence verifying that the exposed person's impairment was not more probably the result of causes other than silica exposure.
This act is identical to HB 709 (2019), SB 1079 (2018), and provisions in SB 1102 (2018) and is substantially similar to HB 2635 (2018).
KATIE O'BRIEN