This bill amends the existing workers' compensation laws to extend the presumption that heart or lung diseases are occupationally related for firefighters, unless there is clear and convincing evidence to the contrary. Specifically, it establishes a prima facie presumption for cancer diseases in firefighters, which includes regular, call, volunteer, or retired members of fire departments. The bill stipulates that if a firefighter has been employed for at least ten years and has undergone a medical examination as per the National Fire Protection Association standard, they will be presumed to have an occupationally caused cancer unless the employer fails to provide the necessary medical evidence. Additionally, the bill mandates that claims for these conditions must be paid within 21 days of notice to the carrier and continue until evidence is provided that the cancer is not occupationally related.
The bill also includes several provisions regarding the eligibility for this presumption. For instance, call or volunteer firefighters must have reasonable medical evidence showing they were free of disease at the start of their employment, while retired firefighters can benefit from the presumption for a limited time after retirement, provided they meet certain conditions, such as living a tobacco-free lifestyle. The bill deletes previous language that restricted the presumption benefits based on employer policies regarding equipment use and cleaning. Overall, the legislation aims to enhance protections for firefighters facing health issues related to their occupation while also addressing the financial implications for the workers' compensation system.