June 8, 2005, Introduced by Senators BASHAM, JACOBS and PRUSI and referred to the Committee on Commerce and Labor.
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:
Sec.
405. (1) In the case of For a member of a full fully
paid
fire department of an airport run by a county road commission
in
counties of 1,000,000 population or more or a public airport
authority, or by a state university or college; or a member of
a
full
fully paid fire or police
department of a city, township, or
incorporated village employed and compensated upon a full-time
basis or a volunteer firefighter of a city, township, or
incorporated
village; , a county sheriff
and the deputies of the
county
sheriff; , members a member of the state
police; ,
conservation
officers; , and an officer of the motor
carrier
inspectors
of the Michigan public service commission enforcement
division
of the department of state police,
"personal injury"
shall
be construed to include includes
respiratory and heart
diseases
or illnesses resulting therefrom which that develop or
manifest themselves during a period while the member of the
department is in the active service of the department and that
result from the performance of duties for the department.
(2)
Such respiratory Respiratory and heart diseases or and
illnesses
resulting therefrom are deemed considered to arise out
of and in the course of employment in the absence of evidence to
the contrary.
(3) As a condition precedent to filing an application for
benefits,
the a claimant , if he or she is one of those
enumerated
listed in subsection (1),
shall first make application
apply for, and do all things necessary to qualify for any pension
benefits to which he or she, or his or her decedent, may be
entitled. to.
If a final determination is made that pension
benefits shall not be awarded, then the presumption of "personal
injury"
as provided in this section shall apply applies. The
employer or employee may request 2 copies of the determination
denying pension benefits, 1 copy of which may be filed with the
bureau.