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DE SB126

Bill

Status

Engrossed

6/23/2015

Primary Sponsor

Bruce Ennis

Click for details

Origin

Senate

148th General Assembly

AI Summary

  • Creates a presumption that covered firefighters with heart disease, lung disease, or certain cancers contracted these conditions in the line of duty, making them eligible for occupational disease benefits.

  • Establishes eligibility requirements including 5 years of continuous service, a pre-employment medical examination showing no evidence of listed conditions, and periodic medical examinations (every 5 years for 1-20 years of service, every 3 years for 21+ years).

  • Covers specific cancers including leukemia, pancreatic, prostate (under age 50), breast, ovarian, uterine, cervical, lung, bladder, and throat cancer caused by occupational carcinogen exposure, with a 5-year service requirement for cancer claims.

  • Allows heart problems to qualify if experienced within 72 hours of smoke/fume/toxic substance exposure or within 24 hours of strenuous firefighting activities, and requires all conditions to result in permanent disability.

  • Permits the presumption to be rebutted by preponderance of evidence including tobacco use, physical fitness, lifestyle factors, hereditary factors, and non-occupational exposures; excludes regular tobacco users from coverage.

Legislative Description

An Act To Amend Title 18 Of The Delaware Code Pertaining To Line-of-duty Disability Benefits To Covered Firefighters.

Last Action

Defeated by Senate. Votes: Defeated 9 YES 12 NO 0 NOT VOTING 0 ABSENT 0 VACANT

6/23/2015

Committee Referrals

Public Safety6/9/2015

Full Bill Text

No bill text available