HOUSE BILL No. 4997


     June 28, 2001, Introduced by Reps. Basham, Bernero, Bovin and Lemmons and referred to the Committee on Insurance and Financial Services.


        A bill to amend 1969 PA 317, entitled

   "Worker's disability compensation act of 1969,"

   by amending section 405 (MCL 418.405), as amended by 1980 PA

   457.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 405.  (1) In the case of a member of a  full  FULLY

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      paid fire department of an airport run by a county  road commis-

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      sion in counties of 1,000,000 population or more  OR A PUBLIC

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      AIRPORT AUTHORITY, or by a state university or college; or of a

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       full  FULLY paid fire or police department of a city, township,

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      or incorporated village employed and compensated upon a full-time

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      basis OR VOLUNTEER FIREFIGHTERS OF A CITY, TOWNSHIP, OR INCORPO-

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      RATED VILLAGE;  ,  a county sheriff and the deputies of the

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      county sheriff;  ,  members of the state police;  , 
   conservation

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      officers;  ,  and OFFICERS OF THE motor carrier  inspectors of


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      the Michigan public service commission  ENFORCEMENT DIVISION OF

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      THE DEPARTMENT OF STATE POLICE, "personal injury" shall be con-

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      strued to include respiratory and heart diseases or illnesses

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      resulting therefrom  which  THAT develop or manifest themselves

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      during a period while the member of the department is in the

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      active service of the department and THAT result from the per-

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      formance of duties for the department.

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           (2)  Such respiratory  RESPIRATORY and heart diseases  or

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      AND illnesses resulting therefrom are  deemed  CONSIDERED to

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      arise out of and in the course of employment in the absence of

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      evidence to the contrary.

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           (3) As a condition precedent to filing an application for

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      benefits, the claimant, if he or she is one of those enumerated

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      in subsection (1), shall first make application for, and do all

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      things necessary to qualify for any pension benefits which he or

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      she, or his or her decedent, may be entitled to.  If a final

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      determination is made that pension benefits shall not be awarded,

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      then the presumption of "personal injury" as provided in this

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      section  shall apply  APPLIES.  The employer or employee may

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      request 2 copies of the determination denying pension benefits, 1

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      copy of which may be filed with the bureau.















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