Bill Text: HI SB675 | 2016 | Regular Session | Amended
Bill Title: Firefighters; Presumption; Workers' Compensation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-04-13 - Received notice of all Senate conferees being discharged (Sen. Com. No. 647). [SB675 Detail]
Download: Hawaii-2016-SB675-Amended.html
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THE SENATE |
S.B. NO. |
675 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO FIREFIGHTERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the risk of being diagnosed with cancer is higher among firefighters than the general population. In a three-year study completed in 2006 by the University of Cincinnati, researchers concluded that firefighters face a higher risk of cancer than the general population. Statistics from this study show that when compared to the general population, the risk for firefighters is:
(1) One hundred two per cent higher for testicular cancer;
(2) Fifty-three per cent higher for multiple myeloma;
(3) Fifty-one per cent higher for non-Hodgkin's lymphoma;
(4) Thirty-nine per cent higher for skin cancer;
(5) Thirty-two per cent higher for brain and malignant melanoma;
(6) Twenty-nine per cent higher for rectal cancer;
(7) Twenty-eight per cent higher for prostate cancer;
(8) Twenty-four per cent higher for buccal cavity and pharynx cancer;
(9) Twenty-two per cent higher for stomach cancer;
(10) Twenty-one per cent higher for colon cancer; and
(11) Fourteen per cent higher for leukemia.
Firefighters also face a greater risk of contracting blood-borne infectious diseases and illnesses associated with exposure to hazardous materials.
The purpose of this Act is to provide a firefighter who develops cancer, blood-borne infectious diseases, or conditions related to hazardous material exposure contracted in the course of employment with additional benefits of one-hundred per cent average weekly wages, disability indemnity, and death benefits as paid for by the employer through workers' compensation benefits, upon the time such a workers' compensation claim is filed by the firefighter, unless and until a claim is found not compensable as determined by the appropriate division of the department of labor and industrial relations, or by the courts, in the case of an administrative appeal.
SECTION 2. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§386- Injuries covered; firefighters. (a) In addition to the injuries covered pursuant to section 386-3, if a firefighter develops cancer, a blood-borne infectious disease, or develops methicillin-resistant staphylococcus aureus skin infection, then it shall be presumed to arise out of and in the course of employment. The additional benefits shall include one-hundred per cent average weekly wages, disability indemnity, and death benefits as paid for by the employer through workers' compensation benefits.
(b) The presumption under subsection (a) is rebuttable only by a finding of substantial evidence to the contrary.
(c) In cases where the firefighter's treating physician refers the firefighter to a consultation with a medical specialist, if within a month of the referral, the firefighter is unable to obtain an appointment for consultation, then the employer shall pay for a comparable consultation with a medical specialist, even if that specialist does not accept workers' compensation insurance.
(d) For the purposes of this section,
firefighters shall have the same meaning as used in section 88-21."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Firefighters; Presumption; Workers' Compensation
Description:
Establishes a rebuttable presumption that a firefighter who suffers from cancer, blood-borne infectious diseases, or conditions related to hazardous material exposure contracted it in the course of employment. Benefits include one-hundred per cent average weekly wages, disability indemnity, and death benefits. (SB675 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
