SENATE BILL NO. 789


  November 5, 1997, Introduced by Senators ROGERS, 
       DE BEAUSSAERT, STILLE and STEIL and referred to the 
       Committee on Human Resources, Labor and Veterans Affairs.
     


        A bill to amend 1969 PA 317, entitled

   "Worker's disability compensation act of 1969,"

   by amending section 405 (MCL 418.405), as amended by 1980 PA

   457.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 405.  (1) In the case of a member of a  full
              FULLY

 2    paid fire department of an airport run by a county  road
             commis-

 3     sion in counties of 1,000,000 population or more 
                       OR A PUBLIC

 4    AIRPORT AUTHORITY, or by a state university or college;  ,
              or of

 5    a  full  FULLY paid fire or police department of a
             city, town-

 6    ship, or incorporated village employed and compensated upon a

 7    full-time basis;  ,  a county sheriff and the
             deputies of the

 8    county sheriff;  ,  members of the state police;
              ,  conservation

 9    officers;  ,  and OFFICERS OF THE motor carrier
              inspectors of

10     the Michigan public service commission  ENFORCEMENT
                       DIVISION OF


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 1    THE DEPARTMENT OF STATE POLICE, "personal injury" shall be

 2    construed to include respiratory and heart diseases, or illnesses

 3    resulting therefrom, which develop or manifest themselves during

 4    a period while the member of the department is in the active

 5    service of the department and THAT result from the performance of

 6    duties for the department.

 7         (2) FOR MEMBERS OF FULLY PAID FIRE DEPARTMENTS, "PERSONAL

 8    INJURY" SHALL BE CONSTRUED TO INCLUDE OCCUPATIONAL CANCER OR ILL-

 9    NESSES RESULTING THEREFROM.  AS USED IN THIS SUBSECTION,

10    "OCCUPATIONAL CANCER" MEANS A TYPE OF CANCER THAT HAS BEEN SHOWN

11    TO BE LINKED WITH EXPOSURE TO SMOKE, FUMES, OR CARCINOGENIC, POI-

12    SONOUS, TOXIC, OR CHEMICAL SUBSTANCES OR OTHER HAZARDS PRESENT

13    WHILE IN THE PERFORMANCE OF DUTIES FOR THE FIRE DEPARTMENT.

14         (3)  (2)  Such respiratory and heart diseases
              or  AND ill-

15    nesses resulting therefrom, AND OCCUPATIONAL CANCER AND ILLNESSES

16    RESULTING THEREFROM are deemed to arise out of and in the course

17    of employment in the absence of evidence to the contrary.  AN

18    OCCUPATIONAL CANCER AND ILLNESSES RESULTING THEREFROM OF A MEMBER

19    OF A FULLY PAID FIRE DEPARTMENT ARE NOT DEEMED TO ARISE OUT OF

20    AND IN THE COURSE OF EMPLOYMENT IF EVIDENCE IS SHOWN THAT THE

21    MEMBER OF THE FULLY PAID FIRE DEPARTMENT WAS A CONSISTENT SMOKER

22    OF CIGARETTES OR OTHER TOBACCO PRODUCTS WITHIN THE 5 YEARS IMME-

23    DIATELY PRECEDING THE DATE OF FILING A CLAIM UNDER THIS ACT.

24         (4)  (3)  As a condition precedent to filing
             an application

25    for benefits, the claimant, if he or she is one of those enumer-

26    ated in subsection (1) OR (2), shall first make application for,

27    and do all things necessary to qualify for any pension benefits



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 1    which he or she, or his or her decedent, may be entitled to.  If

 2    a final determination is made that pension benefits shall not be

 3    awarded, then the presumption of "personal injury" as provided in

 4    this section shall apply.  The employer or employee may request 2

 5    copies of the determination denying pension benefits, 1 copy of

 6    which may be filed with the bureau.












































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