March 6, 2007, Introduced by Reps. Tobocman, Marleau, Farrah, Rick Jones, LeBlanc, Vagnozzi, Angerer, Polidori, Dean, Hammon, Meadows, Accavitti, Sak and Green and referred to the Committee on 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 a member of a full fully
paid
fire
department of an airport run operated by a county, road
commission
in counties of 1,000,000 population or more 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; , a county sheriff and the deputies of the
county
sheriff; ,
members a member of the state police; , a
conservation
officers,
and officer; or 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) For a member of a fully paid fire department who is
employed 24 months or more, "personal injury" includes all
respiratory tract, bladder, skin, brain, kidney, blood, and
lymphatic cancers.
(3) (2)
Such respiratory Respiratory and heart diseases or and
illnesses resulting therefrom under subsection (1), and respiratory
tract, bladder, skin, brain, kidney, blood, and lymphatic cancers
under
subsection (2), are deemed considered to arise out of and in
the
course of employment in the absence of
affirmative evidence to
the
contrary of non-work-related
causation or specific incidents
that establish a cause independent of the employment and not merely
evidence of a preexisting condition or an abstract medical opinion
that employment was not the cause of the disease or condition.
Respiratory tract, bladder, skin, brain, kidney, blood, and
lymphatic cancers of a member of a fully paid fire department are
not considered to arise out of and in the course of employment if
evidence is shown that the member of the fully paid fire department
was a consistent smoker of cigarettes or other tobacco products
within the 5 years immediately preceding the date of filing a claim
under this act.
(4) (3)
As a condition precedent to filing an application for
benefits,
the claimant, if he or she is one of those enumerated a
person described in subsection (1) or (2), shall first make
application
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 or shall demonstrate
that he or she, or his or her
decedent, is ineligible for any pension benefits. If a final
determination is made that pension benefits shall not be awarded or
that the claimant or his or her decedent is ineligible for any
pension benefits, then the presumption of "personal injury" as
provided in this section shall apply. The employer or employee may
request 2 copies of the determination denying pension benefits, 1
copy
of which may be filed with the bureau workers' compensation
agency.
(5) If an employee described in subsection (1) or (2) is
eligible for any pension benefits, that eligibility shall not
prohibit the employee or dependents of that employee from receiving
benefits under section 315 for the medical expenses or portion of
medical expenses that are not provided for by the pension program.
The presumption in subsection (3) shall apply to the medical
benefits provided under section 315.