Loading chat...

ID S1273

Bill

Status

Engrossed

3/11/2014

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Adds new subsection (14) to Idaho Code Section 72-438 establishing worker's compensation coverage for firefighter occupational diseases, defining "firefighter" as an employee whose primary occupation is extinguishing or investigating fires as part of a fire district, department, or brigade.

  • Creates a rebuttable presumption that 11 specified cancers (brain, bladder, kidney, colorectal, non-Hodgkin's lymphoma, leukemia, ureter, testicular, breast, esophageal, and multiple myeloma) are proximately caused by firefighter employment if diagnosed after minimum employment periods ranging from 5 to 15 years and not revealed in initial or subsequent medical screenings.

  • Requires firefighters to have not used tobacco products for 10 years prior to diagnosis and imposes additional conditions for testicular cancer (diagnosis before age 40 with no anabolic steroid or growth hormone use) and breast cancer (diagnosis before age 40 without genetic predisposition genes).

  • Allows the presumption to be rebutted by medical evidence, after which the firefighter or beneficiaries must prove causation by preponderance of evidence before the Idaho Industrial Commission.

  • Limits the presumption to diseases diagnosed within 10 years of the firefighter's last day of actual employment and clarifies that firefighters may still demonstrate causal connection through evidence even if the presumption is rebutted.

Legislative Description

Amends existing law 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

Read First Time, Referred to Commerce & Human Resources

3/12/2014

Committee Referrals

Judiciary and Rules1/31/2014

Full Bill Text

No bill text available