SB 671 - This act creates new provisions relating to legal claims based on prior toxic exposure to certain substances.WORKERS' COMPENSATION - FIREFIGHTER OCCUPATIONAL DISEASES
Under this act, cancer contracted by a firefighter shall be presumed as an occupational disease under the following circumstances:
• The firefighter is a paid or volunteer firefighter who has been assigned to at least 5 years of hazardous duty as a firefighter;
• The firefighter was exposed to an agent classified by the International Agency for Research on Cancer, or its successor organization, as a group 1 or 2A carcinogen, or is classified as a cancer causing agent by a designated entity;
• Fifteen years have not elapsed since the firefighter was last assigned to hazardous duty as a firefighter;
• The firefighter is not 70 years of age or older at the time of the diagnosis of cancer; and
• The cancer contracted by the firefighter is testicular cancer, mesothelioma, multiple myeloma, non-Hodgkin's lymphoma, skin cancer, malignant melanoma, brain cancer, prostate cancer, colon cancer, or leukemia.
This presumption may be rebutted.
This provision shall only apply to claims filed on or after August 28, 2020. Additionally, the Division of Workers' Compensation is required to prepare a biennial report on claims of cancer as an occupational disease by a firefighter. The initial report shall be made no later than August 28, 2021.
The act furthermore creates the "Firefighter's Occupational Disease Fund." The State Treasurer is the custodian of the fund. Political subdivisions can participate in the fund by making annual contributions in an amount determined by the State Treasurer. Any political subdivision that does not participate in the fund will provide an option for firefighters to make annual contributions to the fund.
For political subdivisions that accept liability, compensation for such claims shall include an additional 300% of the state's average weekly wage for 212 weeks to be paid by the political subdivision. For political subdivisions that do not accept liability, exclusive remedy provisions under current law shall not apply to such liability.
These provisions are similar to SB 294 (2019), SB 621 (2018), SCS/SB 415 (2017), HCS/HB 482 (2017), HB 1641 (2018), and HB 1985 (2018).
SCOTT SVAGERA