HB5 Summary

• Establishes death and disability benefits for state-employed firefighters who develop occupational diseases including hypertension, heart disease, respiratory disease, cancer, HIV, and hepatitis.

• Requires firefighters to have passed a pre-employment physical examination showing no evidence of occupational disease and completed at least three years of service to qualify for benefits; firefighters without an initial physical exam may complete one by January 1, 2013.

• Treats disability and death from occupational diseases the same as service-connected disabilities and line-of-duty deaths under existing state firefighter benefit laws.

• Places burden of proof on the state to demonstrate by preponderance of the evidence that an occupational disease was caused by means other than employment in order to disqualify a firefighter from benefits.

• For cancer claims, requires firefighters to demonstrate exposure to a known carcinogen reasonably linked to their disabling cancer, with cancer presumed to arise from employment unless state proves otherwise.