Bill Text: PA SB711 | 2011-2012 | Regular Session | Introduced


Bill Title: Further defining "occupational disease"; and further providing for the scope of "injury," "personal injury" and "injury arising in the course of his employment."

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced - Dead) 2011-02-28 - Referred to LABOR AND INDUSTRY [SB711 Detail]

Download: Pennsylvania-2011-SB711-Introduced.html

  

 

    

PRINTER'S NO.  716

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

711

Session of

2011

  

  

INTRODUCED BY BOSCOLA, TARTAGLIONE, KASUNIC, STACK, WAUGH, WASHINGTON, FONTANA, SOLOBAY, RAFFERTY AND ERICKSON, FEBRUARY 28, 2011

  

  

REFERRED TO LABOR AND INDUSTRY, FEBRUARY 28, 2011  

  

  

  

AN ACT

  

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Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as

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reenacted and amended, "An act defining the liability of an

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employer to pay damages for injuries received by an employe

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in the course of employment; establishing an elective

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schedule of compensation; providing procedure for the

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determination of liability and compensation thereunder; and

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prescribing penalties," further defining "occupational

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disease"; and further providing for the scope of "injury,"

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"personal injury" and "injury arising in the course of his

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employment."

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 108 of the act of June 2, 1915 (P.L.736,

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No.338), known as the Workers' Compensation Act, reenacted and

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amended June 21, 1939 (P.L.520, No.281), is amended by adding a

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clause to read:

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Section 108.  The term "occupational disease," as used in

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this act, shall mean only the following diseases.

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* * *

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(r)  Cancer, resulting in either temporary or permanent total

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or partial disability or death, after four years or more of

 


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service in firefighting for the benefit or safety of the public,

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caused by exposure to heat, smoke, fumes or gasses, arising

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directly out of the employment of the firefighter.

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Section 2.  Section 301(c) of the act is amended by adding a

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paragraph to read:

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Section 301.  * * *

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(c)  * * *

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(3)  The limitations of paragraph (2) shall not apply in the

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case of cancer in the occupation of firefighter. The employer

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shall have the burden of proving that the firefighter's

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occupation was not a major contributing cause of the

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firefighter's lung carcinoma.

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Section 3.  This act shall take effect in 60 days.

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