SENATE BILL NO. 161

February 23, 2021, Introduced by Senators MCCANN, CHANG, POLEHANKI, ALEXANDER, BULLOCK, GEISS, MOSS, BRINKS, SANTANA, ANANICH, BAYER, WOJNO, HERTEL and HOLLIER and referred to the Committee on Economic and Small Business 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 2014 PA 515.

the people of the state of michigan enact:

Sec. 405. (1) In the case of For a member of a fully paid fire department of an airport operated by a county, public airport authority, or state university or college; a member of a fully paid fire or police department of a city, township, or incorporated village employed and compensated upon on a full-time basis; a member of a fully paid public fire authority employed and compensated upon on a full-time basis; a county sheriff and the deputies of the county sheriff; a member of the state police; a conservation officer; or an officer of the motor carrier enforcement division of the department of state police, "personal injury" includes respiratory and heart diseases, or illnesses resulting therefrom, from respiratory and heart diseases, 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) A member of a fully paid fire department or public fire authority who is in active service of the fire department or public fire authority, has been employed 60 months or more in the active service of the department or public fire authority at the time when the cancer manifests itself, and is exposed to the hazards incidental to fire suppression, rescue, or emergency medical services in the performance of his or her work-related duties with the department or authority shall suspend a claim he or she may have against his or her employer under this act and may claim like benefits from the first responder presumed coverage fund created under subsection (6) for any respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, or lymphatic cancer. The cancers described in this subsection are presumed to arise out of and in the course of employment only with respect to a claim against the fund and in the absence 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 for purposes of a claim against the first responder presumed coverage fund. The presumption under this subsection may be rebutted by scientific evidence 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. The suspension of the member's claim against his or her employer under this subsection is in effect only during the period the member receives like benefits from the first responder presumed coverage fund. If a redemption agreement between the first responder presumed coverage fund and the claimant is approved, the suspension of a claim against an employer under this subsection continues indefinitely. A claimant may not receive benefits covering the same time period from both the first responder presumed coverage fund and the employer. The presumption created in this subsection applies only to a claim for like benefits against the first responder presumed coverage fund.

(3) Respiratory and heart diseases or illnesses resulting therefrom from respiratory and heart diseases as described in subsection (1) and personal injuries described in subsection (11) are presumed to arise out of and in the course of employment in the absence of evidence to the contrary.

(4) As a condition precedent to filing an application for benefits, a claimant described in subsection (1) or (11) or a claimant under subsection (2) shall must first 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 or shall must 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 will not be awarded or that the claimant or his or her decedent is ineligible for any pension benefits, then the presumption designation of "personal injury" as provided in subsection (1) or (11) or the presumption under subsection (2) applies. The employer or employee may request 2 copies of the determination denying pension benefits, 1 copy of which shall must be filed with the workers' compensation agency upon request.

(5) If an employee described in subsection (1), or (2), or