Connecticut Seal

General Assembly

 

Raised Bill No. 5262

February Session, 2016

 

LCO No. 1219

 

*_____HB05262FIN___040616____*

Referred to Committee on LABOR AND PUBLIC EMPLOYEES

 

Introduced by:

 

(LAB)

 

AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR CURRENT AND FORMER UNIFORMED MEMBERS OF PAID OR VOLUNTEER FIRE DEPARTMENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 31-294j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, a uniformed member of a paid [municipal] or volunteer fire department, a regular member of a paid [municipal] police department, a constable, as defined in section 31-294i, or a member of a volunteer ambulance service shall be eligible for such benefits for any disease arising out of and in the course of employment, including, but not limited to, hepatitis, meningococcal meningitis [,] or tuberculosis [, Kahler's Disease, non-Hodgkin's lymphoma, and prostate or testicular cancer] that results in death or temporary or permanent total or partial disability.

(b) (1) Notwithstanding any provisions of subsection (a) of this section, for the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, a uniformed member of a paid or volunteer fire department shall be eligible for such benefits for the following types of cancers arising out of and in the course of employment: Kahler's Disease, non-Hodgkin's lymphoma, or any condition of cancer affecting the brain, skin, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system that results in death, or temporary or permanent total or partial disability. Such cancer shall be presumed to have been suffered in the line of duty as a result of the inhalation, absorption or ingestion of noxious fumes or poisonous gases, unless the contrary be shown by a preponderance of the evidence, provided (A) such uniformed member successfully passed a physical examination upon entry into such service, or subsequent to entry, as the case may be, that failed to reveal any evidence of such cancer, (B) such uniformed member has worked for not less than five years at a fire department at the time such cancer is discovered, or should have been discovered, and (C) such cancer is one that is known to result from exposure to heat, radiation or a known carcinogen as determined by the International Agency for Research on Cancer or the National Toxicology Program of the United States Department of Health and Human Services.

(2) Any individual, who is no longer actively serving as a uniformed member of a paid or volunteer fire department but who otherwise would be eligible for such benefits pursuant to the provisions of subdivision (1) of this subsection, may apply for such benefits not more than five years from the date such individual last served with such paid or volunteer fire department.

(3) Any uniformed member of a paid or volunteer fire department or individual applying for benefits pursuant to subdivision (1) or (2) of this subsection may be required to submit to annual physical examinations as a condition of receiving such benefits.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

31-294j

LAB

Joint Favorable

 

FIN

Joint Favorable