January 26, 2005, Introduced by Senators GARCIA, GOSCHKA, CROPSEY, PRUSI and BASHAM and referred to the Committee on Commerce and Labor.
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:
Sec.
405. (1) In the case of a member of a full fully
paid
fire
department of an airport run operated by a county, road
commission
in counties of 1,000,000 population or more public
airport
authority, or by a state
university or college; , or a
member of a full fully paid fire or police
department of a city,
township, or incorporated village employed and compensated upon a
full-time
basis; , a county sheriff and the deputies of the
county
sheriff; , members a member of the state police; ,
a
conservation
officers, and officer;
or an officer of the motor
carrier
inspectors of the Michigan public service commission
enforcement division of the department of state police, "personal
injury"
shall be construed to include includes respiratory and
heart
diseases, or illnesses resulting therefrom, which
that
develop or manifest themselves during a period while the member of
the department is in the active service of the department and that
result from the performance of duties for the department.
(2) For a member of a fully paid fire department who is
employed 24 months or more, "personal injury" includes all
respiratory tract, bladder, skin, brain, kidney, blood, and
lymphatic cancers.
(3) (2)
Such respiratory Respiratory and heart diseases or
and illnesses resulting therefrom under subsection (1), and
respiratory tract, bladder, skin, brain, kidney, blood, and
lymphatic
cancers under subsection (2), are deemed
considered to
arise out of and in the course of employment in the absence of
affirmative evidence to the contrary of non-work-related
causation or specific incidents that establish a cause independent
of the employment and not merely evidence of a preexisting
condition or an abstract medical opinion that employment was not
the cause of the disease or condition. Respiratory tract, bladder,
skin, brain, kidney, blood, and lymphatic cancers of a member of a
fully paid fire department are not considered to arise out of and
in the course of employment if evidence is shown that the member of
the fully paid fire department was a consistent smoker of
cigarettes or other tobacco products within the 5 years immediately
preceding the date of filing a claim under this act.
(4) (3)
As a condition precedent to filing
an application
for
benefits, the claimant, if he or she is one of those
enumerated
a person described in
subsection (1) or (2), shall
first
make application for , and do all things necessary to
qualify for any pension benefits to which he or she, or his or her
decedent,
may be entitled to or
shall demonstrate that he or she,
or his or her decedent, is ineligible for any pension benefits. If
a final determination is made that pension benefits shall not be
awarded or that the claimant or his or her decedent is ineligible
for any pension benefits, then the presumption of "personal injury"
as provided in this section shall apply. The employer or employee
may request 2 copies of the determination denying pension benefits,
1
copy of which may be filed with the bureau workers' compensation
agency.
(5) If an employee described in subsection (1) or (2) is
eligible for any pension benefits, that eligibility shall not
prohibit the employee or dependents of that employee from receiving
benefits under section 315 for the medical expenses or portion of
medical expenses that are not provided for by the pension program.
The presumption in subsection (3) shall apply to the medical
benefits provided under section 315.