New Jersey-2022-S2965-Amended

An Act concerning workers' compensation benefits for certain public safety workers and amending P.L.2019, c.156.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.2019, c.156 (C.34:15-31.7) is amended to read as follows:

6. a. Any injury, illness or death of a public safety worker which may be caused by exposure to a known carcinogen, cancer-causing radiation or a radioactive substance, including cancer and damage to reproductive organs, shall be presumed to be compensable under the provisions of R.S.34:15-1 et seq., if the worker demonstrates that he was exposed, due to fire, explosion, spill or other means, to a known carcinogen, cancer-causing radiation or radioactive substances in the course of the worker's employment as a public safety worker and demonstrates that the injury, illness or death has manifested during his or her employment as a public safety worker. This prima facie presumption may be rebutted by a preponderance of the evidence that the exposure is not linked to the injury, illness or death. The employer of the public safety worker may require the worker to undergo, at the expense of the employer, reasonable testing, evaluation and monitoring of health conditions of the worker which is relevant to determining whether the exposure is linked to the occurrence, but the presumption of compensability shall not be adversely affected by any failure of the employer to require such testing, evaluation or monitoring. The employer shall maintain records regarding any instance in which any public safety worker in its employ was deployed to a facility or location where the presence of one or more substances which are known carcinogens is indicated in documents provided to local fire or police departments pursuant to the requirements of section 7 of P.L.1983, c.315 (C.34:5A-7)¹, or to local emergency medical services,¹ and where fire, explosions, spills or other events occurred which could result in exposure to those carcinogens. The records shall include the identity of each deployed public safety worker and each worker shall be provided notice of the records.

b. (1) Notwithstanding any requirement under any other provision of law limiting the time in which a worker may file a claim for ¹[workers] workers'¹ compensation, ¹term of service, age, or the number of years since last service as a public safety worker,¹ any illness, injury or death of a public ¹[service] safety¹ worker caused by, or as a result of, the worker's participation in response to the September 11, 2001 attack on the World Trade Center shall be presumed to be compensable under the provisions of R.S.34:15-1 et seq., without respect to when the claim is filed, if the worker has participated in the World Trade Center ¹Health¹ Program established by ¹the federal¹ Centers for Disease Control ¹and Prevention¹. ¹[A worker shall be ineligible for benefits under this subsection if the benefits for workers' compensation are duplicative to benefits for the same injury, illness, or death under another State program or a program for which the worker is eligible in another state, or the worker has already received workers' compensation benefits for the injury, illness or death caused by or as a result of the worker's participation in response to the September 11, 2001 attacks under chapter 15 of Title 34 of the Revised Statutes.] If a worker has previously collected benefits under any foreign state or federal workers' compensation law, or federal fund or program dedicated to paying medical, temporary, or permanency benefits for conditions causally related to injury, illness or death related to the September 11, 2001 attacks, the receipt of those benefits shall be a credit to the employer, against an award of either medical, temporary or permanency benefits under chapter 15 of Title 34 of the Revised Statutes. If a foreign workers' compensation or federal fund claim is pending and has not yet resulted in the payment of benefits, an award under this subsection shall only be payable as in excess to the foreign state award. If a federal fund claim results in the payment of benefits, then any payment paid or awarded under this subsection shall comply with the federal rules, regulations and statutes concerning collateral source reduction or reimbursement for collateral sources.¹

(2) A public safety worker shall file a claim for benefits, in a form and manner prescribed by the Commissioner of Labor ¹[of] and¹ Workforce Development, which shall ¹[include documentation of the worker's illness and treatment from] note on the "what other facts are there that you believe important" portion of the WC365 form that benefits have been paid by¹ the World Trade Center Health Program, with the Division of Workers' Compensation in the Department of Labor and Workforce Development within two years of the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) ¹or within two years of the date when the claimant knew or should have known through the exercise of reasonable diligence that the claimant sustained a permanent disability causally-related to the claimant's exposure at the World Trade Center or within the area of exposure recognized by the World Trade Center Health Program, whichever is later¹.

(3) ¹(a)¹ The department shall provide notice on its internet website, and to all employers in the State in a form to be provided to employees, of the presumption established pursuant to this subsection.

¹(b) The Division of Archives and Records Management in the Department of State, as the custodian of personnel records of all State employees, as well as each county and municipality, and any regional or joint public safety entity, whether fire, police, emergency response, or other agency involved in the public safety, shall notify all active and retired personnel at their last known address or by email if available, and if deceased, shall notify their next-of-kin, of the presumption established pursuant to this sub-section and the potential rights available to a sick or injured worker or the worker's dependents pursuant to this subsection, within three months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). These respective custodians of personnel records shall employ due diligence in locating and notifying potential beneficiaries under this subsection should regular mail or email not result in the delivery of notice.¹

(cf: P.L.2019, c.156, s.6)

2. This act shall take effect on the first day of the third month next following enactment, except that the commissioner shall take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.