Senate Bill No. 495
(By Senators Love, Schoonover and Wagner)
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[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend article four, chapter twenty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto three new sections, designated
sections twenty-six, twenty-seven and twenty-eight, all
relating to cardiovascular injury or disease or pulmonary
disease suffered by a firefighter; cardiovascular injury or
disease or pulmonary disease resulting in a firefighter's
death; and presumption of occupational disease for certain
types of cancer for firefighters who have been exposed to
toxic substances.
Be it enacted by the Legislature of West Virginia:
That article four, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto three new sections, designated sections
twenty-six, twenty-seven and twenty-eight, all to read as follow:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-26. Cardiovascular injury or disease or pulmonary disease
suffered by a firefighter.
If any person has been an active member of a municipal fire
department or of a volunteer firefighters' association for at
least two years prior to a cardiovascular injury or the onset of
a cardiovascular disease or pulmonary disease and if the disease
has developed or the injury has occurred within six months of
having participated in fire fighting or training or drill which
actually involves fire fighting, there shall be a rebuttable
presumption that the employee received the injury or contracted
the disease arising out of and in the course of his or her
employment, that sufficient notice of the injury or disease has
been given, and that the injury or disease was not occasioned by
the willful intention of the employee to injure himself or
another.
For the purposes of this section, a person shall be
considered an active member of a municipal fire department or of a volunteer firefighters' association if that person is a member
of a municipal fire department or volunteer firefighters'
association and if that person aids in the extinguishment of
fires, regardless of whether or not that person has
administrative duties or other duties as a member of the
municipal fire department or volunteer firefighters' association.
§23-4-27. Cardiovascular injury or disease or pulmonary disease
resulting in a firefighter's death.
If any person had been an active member of a municipal fire
department or of a volunteer firefighters' association for at
least two years prior to a cardiovascular injury or the onset of
a cardiovascular disease or pulmonary disease and provided that
the person had developed the disease or had suffered the injury
which resulted in death within six months of having participated
in fire fighting or training or drill which actually involves
fire fighting, there shall be a rebuttable presumption that the
person received the injury or disease arising out of and in the
course of his or her employment, that sufficient notice of the
injury or disease was given, and that the injury or disease was
not occasioned by the willful intention of the employee to injure
himself or another.
For the purposes of this section, a person shall be
considered an active member of a municipal fire department or of
a volunteer firefighters' association if that person is a member
of a municipal fire department or volunteer firefighters'
association and if that person aids in the extinguishment of
fires regardless of whether or not that person has administrative
duties or other duties as a member of the municipal fire
department or volunteer firefighters' association.
§23-4-28. Presumption of occupational disease for certain types
of cancer for firefighters who have been exposed to
toxic substances.
Leukemia or pancreatic, prostate, rectal, or throat cancer
that is caused by a documented contact with a toxic substance
that a volunteer or salaried firefighter having completed twelve
years of continuous service has encountered in the line of duty
and causes (i) the death of such firefighter or (ii) any health
condition or impairment of such firefighter resulting in total or
partial disability shall be presumed to be an occupational
disease suffered in the line of duty, that is covered by this
chapter, unless such presumption is overcome by a preponderance
of competent evidence to the contrary. For the purposes of this section, a "toxic substance" is one which is a known or suspected
carcinogen, as defined by the International Agency for Research
on Cancer, and which causes, or is suspected to cause leukemia or
pancreatic, prostate, rectal or throat cancer.
NOTE: The purpose of this bill is to create a presumption
of compensability for cardiovascular injury or disease of
firefighters. The bill further creates a rebuttal presumption of
occupational disease for certain types of cancer for firefighters
who have been exposed to toxic substances.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.