This bill amends the existing workers' compensation law to extend the presumption that heart or lung disease is 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 an employer fails to provide reasonable medical evidence proving a firefighter was free of such diseases at the start of their employment, the firefighter will still benefit from this presumption. 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 of firefighters for this presumption based on their employment status and medical history. For instance, retired firefighters who have been retired for 6 to 20 years and can demonstrate a tobacco-free lifestyle are eligible for medical payments, while those who have been retired for more than 20 years must undergo medical examinations to maintain their eligibility. Furthermore, the bill introduces a definition of a "tobacco-free lifestyle" and removes previous requirements related to employer policies on equipment cleaning and use. Overall, the bill aims to enhance protections for firefighters regarding occupational diseases while also addressing the financial implications for the workers' compensation system.