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AN ACT relating to firefighters

By Cindy Russell,2014-07-09 06:20
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AN ACT relating to firefighters

UNOFFICIAL COPY AS OF 07/09/12 12 REG. SESS. 12 RS BR 1401

    AN ACT relating to firefighters.

    Be it enacted by the General Assembly of the Commonwealth of Kentucky: ;SECTION 1. A NEW SECTION OF KRS CHAPTER 95 IS CREATED TO

    READ AS FOLLOWS:

    (1) Cancer, resulting in either temporary or permanent disability or death, is an occupational disease as defined in KRS 342.0011 and compensable as such under this section if the following conditions exist:

    (a) The cancer develops or manifests itself out of and in the course of the

    employment of a person who, for five (5) years or more, has been employed

    in this Commonwealth as a full-time paid firefighter as defined in KRS

    75.400, working in the interest of the health and safety of the inhabitants of

    the Commonwealth; and

    (b) It is demonstrated that he or she was exposed while in the course of

    employment to a known carcinogen as defined by the International Agency

    for Research on Cancer or the National Toxicology Program, and that the

    carcinogen is reasonably associated with the disabling cancer.

    (2) With respect to a person who, for five (5) years or more, has been employed in this Commonwealth as a full-time paid firefighter as defined in KRS 75.400, working in the interest of the health and safety of the inhabitants of the Commonwealth, the following substances shall be deemed, for the purposes of subsection (1)(b) of this section, to be known carcinogens that are reasonably associated with the following disabling cancers:

    (a) Diesel exhaust, formaldehyde, and polycyclic aromatic hydrocarbon shall

    be deemed to be known carcinogens that are reasonably associated with

    bladder cancer;

    (b) Acrylonitrile, formaldehyde, and vinyl chloride shall be deemed to be

    known carcinogens that are reasonably associated with brain cancer;

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    UNOFFICIAL COPY AS OF 07/09/12 12 REG. SESS. 12 RS BR 1401

    (c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens

    that are reasonably associated with colon cancer;

    (d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably

    associated with Hodgkin's lymphoma;

    (e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be

    known carcinogens that are reasonably associated with kidney cancer;

    (f) Chloroform, soot, and vinyl chloride shall be deemed to be known

    carcinogens that are reasonably associated with liver cancer; and

    (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocardon, soot,

    and vinyl chloride shall be deemed to be known carcinogens that are

    reasonably associated with lymphatic or haemotopoietic cancer.

    (3) Subsection (2) of this section does not create or contain an exclusive list and does not preclude any person from demonstrating, on a case-by case basis for the purposes of subsection (1)(b) of this section, that a substance is a known carcinogen that is reasonably associated with a disabling cancer.

    (4) Compensation for disabling cancer awarded pursuant to this section to the person who, for five (5) years or more, has been employed in this Commonwealth as a full-time paid firefighter as defined in KRS 75.400, working in the interest of the health and safety of the inhabitants of the Commonwealth, or to his or her dependents, shall include the following:

    (a) Full reimbursement for related expenses incurred for medical treatments,

    surgery, and hospitalization in accordance with the schedule of fees and

    charges established pursuant to KRS Chapter 342 or, if the insurer has

    contracted with an organization for managed care or with providers of

    health care pursuant to KRS Chapter 342, the amount that is allowed for

    the treatment or other services under that contract; and

    (b) The compensation provided in KRS Chapter 342 for the disability or death.

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UNOFFICIAL COPY AS OF 07/09/12 12 REG. SESS. 12 RS BR 1401

    (5) Disabling cancer is presumed to have developed or manifested itself out of and in

    the course of the employment of any person who, for five (5) years or more, has

    been employed in this Commonwealth as a full-time paid firefighter as defined in

    KRS 75.400, working in the interest of the health and safety of the inhabitants of

    the Commonwealth. This rebuttable presumption applies to disabling cancer

    diagnosed after the termination of the person's employment if the diagnosis

    occurs within a period, not to exceed sixty (60) months, which begins with the

    last date the employee actually worked in the qualifying capacity and extends for

    a period calculated by multiplying three (3) months by the number of full years

    of his or her employment. This rebuttable presumption shall control the

    awarding of benefits pursuant to this section unless evidence to rebut the

    presumption is presented.

    (6) Nothing in this section creates a conclusive presumption.

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