Loading chat...

ID S1336

Bill

Status

Engrossed

3/12/2012

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Adds new subsection (14) to Idaho Code Section 72-438 establishing "firefighter occupational disease" coverage for employees whose primary occupation is extinguishing or investigating fires as part of a fire district, fire department, or fire brigade.

  • Creates a rebuttable presumption that eleven specified cancers are proximately caused by firefighter employment if diagnosed after required employment periods ranging from 5 to 15 years and not revealed during initial employment medical screening or subsequent reviews under the national firefighters protection act.

  • Specified cancers include brain cancer (10 years), bladder cancer (12 years), kidney cancer (15 years), colorectal cancer (10 years), non-Hodgkin's lymphoma (15 years), leukemia (5 years), ureter cancer (12 years), testicular cancer (5 years if before age 40), breast cancer (5 years if before age 40 without genetic predisposition), esophageal cancer (10 years), and multiple myeloma (15 years).

  • Allows employers to rebut the presumption with medical evidence showing the disease was not proximately caused by employment duties, after which firefighters must prove causation by preponderance of evidence before the Idaho industrial commission.

  • Presumption does not apply to diseases diagnosed more than 10 years after the firefighter's last date of actual employment and does not preclude firefighters from demonstrating causal connection through other evidence.

Legislative Description

Amends existing law relating to worker's compensation to provide that compensation shall be payable for disability or death resulting from certain firefighter occupational diseases, to provide a presumption of proximate causation between specified diseases and employment as a firefighter, to provide for rebuttal of the presumption, to provide for the demonstration of causal connection and to provide that the presumption shall not apply under certain circumstances.

WORKER'S COMPENSATION

Last Action

Ref'd to St Aff

3/14/2012

Committee Referrals

State Affairs3/14/2012
Commerce and Human Resources3/13/2012
State Affairs2/22/2012

Full Bill Text

No bill text available