SENATE BILL No. 94

 

 

February 1, 2011, Introduced by Senators ROCCA, JONES, ANDERSON, BIEDA, NOFS, BRANDENBURG and KAHN and referred to the Committee on Economic Development.

 

 

 

     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 member of a fully paid public fire authority

 

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 or public

 

fire authority who is employed 60 months or more, "personal injury"

 

includes all respiratory tract, bladder, skin, brain, kidney,

 

blood, and lymphatic cancers. This subsection only applies to a

 

member of a fully paid fire department or public fire authority who

 

is in the active service of the department or authority, who is in

 

active service for 60 months or more at the time the cancer

 

manifests itself, and who is exposed to the hazards incidental to

 

fire suppression, rescue, or emergency medical services in the

 

performance of his or her work-related duties for the department or

 

authority.

 

     (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 presumed 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. Neither mere

 

evidence that the condition was preexisting, nor an abstract


 

medical opinion that the employment was not the cause of the

 

disease or condition, is sufficient to overcome the presumption.

 

Respiratory tract, bladder, skin, brain, kidney, blood, and

 

lymphatic cancers of a member of a fully paid fire department or

 

public fire authority may be shown not to arise out of and in the

 

course of employment if scientific evidence is introduced that the

 

member of the fully paid fire department or public fire authority

 

was a substantial and consistent user of cigarettes or other

 

tobacco products within the 10 years immediately preceding the date

 

of injury, and that this use was a significant factor in the cause,

 

aggravation, or progression of the cancer.

 

     (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. 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 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) applies to the medical benefits

 

provided under section 315.