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MI HB5340
Bill
Status
2/19/2014
Primary Sponsor
Peter Pettalia
Click for details
AI Summary
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Amends the Worker's Disability Compensation Act to expand the definition of "personal injury" for specified public safety employees to include respiratory and heart diseases that develop during active service and result from job duties.
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Creates a new presumption for firefighters employed 60 months or more that respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, and lymphatic cancers arise from employment unless scientific evidence shows substantial tobacco use in the preceding 10 years was a significant causative factor.
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Applies to members of fully paid fire departments, public fire authorities, state university fire departments, county airport fire departments, city/township/village fire and police departments, county sheriffs and deputies, state police, conservation officers, and motor carrier enforcement officers.
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Requires claimants to first apply for available pension benefits or demonstrate ineligibility before filing for workers' compensation benefits; establishes that pension eligibility does not prohibit receiving additional medical expense benefits under section 315.
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Sets a high threshold for overcoming the occupational disease presumption, specifying that preexisting conditions or abstract medical opinions alone are insufficient without affirmative evidence of non-work-related causation or independent causative incidents.
Legislative Description
Worker's compensation; disabilities; occupational cancer; provide presumption for certain firefighters regarding. Amends sec. 405 of 1969 PA 317 (MCL 418.405).
State agencies (existing), energy, labor, and economic growth
Last Action
Printed Bill Filed 02/20/2014
2/20/2014